Posted on: 22nd Dec, 2010 07:55 am
My husband got the home in the divorce, noting that if he sold...she would get 1/2 - we just got an offer on the home and now the title company says she has to sign - the problem is - she can't be located - and if we do locate - what if she isn't compliable at all (she never bothered to show up to court for the divorce). Our attorney says all we can do is serve her with notice of the sale and intent on the closing date and her signature and presense - give her 20 days and serve again - another 20 days and serve again and then - finally petition the court for a modification of the decree.
But? I thought courts really couldn't alter a title in that way - sure they can modify the decree - but she's still on title - and the title company will still require her signature.
Help - the offer was for a closing on jan 20th.
But? I thought courts really couldn't alter a title in that way - sure they can modify the decree - but she's still on title - and the title company will still require her signature.
Help - the offer was for a closing on jan 20th.
Hi Guest!
Welcome to forums!
As her name is on the title, she will have to sign the deed in order to remove her name from the property deed. As she can't be located, you should do what your attorney says. The attorney will be the best person to guide you in this matter.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
As her name is on the title, she will have to sign the deed in order to remove her name from the property deed. As she can't be located, you should do what your attorney says. The attorney will be the best person to guide you in this matter.
Feel free to ask if you've further queries.
Sussane