Posted on: 18th Jan, 2009 02:20 am
my husband and I are divorced. we have a separation agreement that says we will sell our house which is under both of our names and split the proceeds. however, he had been unwilling to fulfil the agreement. out of the blue, he sent me an email saying he is going to transfer his title to someone else and leave the country. Can he do that without my agreeing to that?
Hi sungyle!
Welcome to forums!
If the court's agreement already states that the property will be sold off and the proceeds will be divided between both of you, the he will not be able to transfer the property to someone else. You should contact your lawyer and take his advice. I think, you can even sue your ex-husband if he tries to transfer the property to someone else.
Feel free to ask if you have further queries.
Sussane
Welcome to forums!
If the court's agreement already states that the property will be sold off and the proceeds will be divided between both of you, the he will not be able to transfer the property to someone else. You should contact your lawyer and take his advice. I think, you can even sue your ex-husband if he tries to transfer the property to someone else.
Feel free to ask if you have further queries.
Sussane
Thank you. I feel a lot better already.
However, may be I should clarify the situation.
The house is paid for. No mortgage.
We did contract a real estate agent to try and sell the house.
We had 60 visitors to the open house.
We had 2 offers that were 10% above the property tax value. I was willing to sell.
But he rejected all the offers asking for 30% over the property tax value.
It is his strategy to scare potential customers off.
I am about the let the real estate agent pull the for sale sign so the poor salesman is not going to become too frustrated.
I just got an email from my ex saying he is going to get out of the country.
This is because the failure of his marriage caused him to lose face in his present social circle.
But he says that before he disappears, he will transfer the title of the house to our son (24 years old single, living at home) and our daughter (31 years old married, just as greedy, selfish and violent like her dad).
If he can do that, then, my battle with him will become war between me and my children and that's his game. I may end up paying for property tax and maintenance "for the love of my son". A dirty game plan.
It is shameful and disheartening.
What do you think and what can I do with this irresponsible coward? It's been almost 3 years now.
My retirement saving was partially eroded by the financial tsunami. If I can sell the house, the money from the sale will allow me to reinforce my retirement plan. I am not feeling too secure right now and the battle over the house is very stressful. Any advice will be most appreciated.
Thank you all in advance.
However, may be I should clarify the situation.
The house is paid for. No mortgage.
We did contract a real estate agent to try and sell the house.
We had 60 visitors to the open house.
We had 2 offers that were 10% above the property tax value. I was willing to sell.
But he rejected all the offers asking for 30% over the property tax value.
It is his strategy to scare potential customers off.
I am about the let the real estate agent pull the for sale sign so the poor salesman is not going to become too frustrated.
I just got an email from my ex saying he is going to get out of the country.
This is because the failure of his marriage caused him to lose face in his present social circle.
But he says that before he disappears, he will transfer the title of the house to our son (24 years old single, living at home) and our daughter (31 years old married, just as greedy, selfish and violent like her dad).
If he can do that, then, my battle with him will become war between me and my children and that's his game. I may end up paying for property tax and maintenance "for the love of my son". A dirty game plan.
It is shameful and disheartening.
What do you think and what can I do with this irresponsible coward? It's been almost 3 years now.
My retirement saving was partially eroded by the financial tsunami. If I can sell the house, the money from the sale will allow me to reinforce my retirement plan. I am not feeling too secure right now and the battle over the house is very stressful. Any advice will be most appreciated.
Thank you all in advance.
Hey Guest,
It would be best if you can negotiate with your husband and try to sell off the property. You can ask him to transfer the property in your name so that you have the authority to sell off the property.
It would be best if you can negotiate with your husband and try to sell off the property. You can ask him to transfer the property in your name so that you have the authority to sell off the property.
You need to have your divorce attorney file a motion with the divorce court to compel the sale of the property. It sounds like the original agreement was not as specific as it should have been. The court needs to "Order" the property sold at auction and the proceeds evenly divided after expenses of sale. Once there is a Court Order, your husband will not have a choice unless he wants to be in Contempt of Court. Most likely, he will not hire an attorney to litigate what he has already agreed to. But, as I said, the lawyer needs to help you, and motion the Court for an Order that is specific as to when and how the property is to be sold. Just saying that you will split the proceeds when it is sold isn't good enough after all this.
To answer your question, I think that if he transfers his interest in the property in order to "cloud" the title (or gum up the works), he would be in contempt of court, since he did not follow the Court's order. But the problem is, that since the order is not specific as to time, price, etc., and if he wants to be spitefull, he can rejet reasonable offers based upon unreasonable objections, and continue to drag out the sale. Can you buy him out of his 1/2 interest? Can you get a loan and use the house as security, buy him out, sell the house and pay off the loan? If you do not want to go back to Court, you are going to have to get creative in order to get the house sold.
To answer your question, I think that if he transfers his interest in the property in order to "cloud" the title (or gum up the works), he would be in contempt of court, since he did not follow the Court's order. But the problem is, that since the order is not specific as to time, price, etc., and if he wants to be spitefull, he can rejet reasonable offers based upon unreasonable objections, and continue to drag out the sale. Can you buy him out of his 1/2 interest? Can you get a loan and use the house as security, buy him out, sell the house and pay off the loan? If you do not want to go back to Court, you are going to have to get creative in order to get the house sold.
my husband and i got separated. we dont have a child. the problem is we have a house that is in his name. what can i do to transfer the house title to my name. thanks.
Hi angel,
To transfer the house title to your name, you need to get a quit claim deed signed by your ex-husband. After which you need to notarize and record the deed to validate it.
To transfer the house title to your name, you need to get a quit claim deed signed by your ex-husband. After which you need to notarize and record the deed to validate it.