Primarily servicing the greater New York City metropolitan area



LEONARD M.WEINER, ESQ, Ph.D.
DIVORCE SOLUTIONS
206 East 38th Street
New York, N.Y. 10016
(212) 370-1660

FINANCIAL ISSUES - MARITAL PROPERTY V. SEPARATE PROPERTY

Question #174:
My ex & I divorced in Kansas about 2 yrs ago she agreed and I was awarded the house. I did not get house put in my name because I feared bank reaction. She also did not sign quitclaim deed as stated in divorce decree. She took the paperwork to house and sits on the Internet and researches divorce stuff.
I'd now like to sell and move she's holding paperwork hostage and now asking for half of sale (originally 1/2 of profit [probably a break even sale as truck she got-loan rolled into house payments about 6 months before divorce [approx $16,000]. now she just says half of sale.
Neither one of us followed through, as we should have after divorce. I'm not sure I even received official divorce papers, but what if anything can I do now.
One realtor said take decree to county deed office? Will they require quitclaim? And once again I'm worried about mortgage co. My credit not great after divorce although I've been the only one making payments before and after divorce.
Answer:
Once again, I cannot overemphasize the need to use an experienced matrimonial attorney when you go to court to get divorced. All of the paperwork including the quitclaim deed should have been completed before the divorce papers were filed.
What you have to do now is go back to court and make a motion to compel your wife to sign over the property to you under the court order. If you do not have a court order or judgment of divorce, I suggest you go to an attorney and work out the divorce. Do not worry about the mortgage. The bank will not let your wife off the mortgage even if she signs over to you all of the property. They will continue to hold are liable until the mortgage is paid off.

Good luck!

Leonard M. Weiner, Esq./Divorce Solutions
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