Hi,
Please I need help from you vets out there. I bought an investment property 5 years ago with my name and my ex wife’s name on all the papers. I have made every single payments ever since then. However, we got a divorce 2 years ago, the decree simply says “amicable and no contest” (I and the house are in TX, ex now lives in England). Now I have remarried and I have the house on the market, now my questions:
(1) will my ex be required to sign any papers?
(2) if yes and she refuses, will I still be able to sell it?
Thanks,
You need to consult an Attorney.
If you bought the property while married and both your names are on the deed it belongs to you and your ex. I’m in California and we’re a community property state not sure about Texas.
It all depends on the laws in the state where you and the property are located. It is possible that if her name is not on the deed, you may be able to sign and that would be the end of it. Maybe, you could ask her for a limited power of attorney in order to complete the transaction. You may have to offer her a share of the profits to get her to comply but that may be easier/cheaper than fighting about it.