My divorces become final in August of 2006. In my divorce decree, it states that my ex-husband has to transfer the house into my name and to remove his name from the house. It also says that he has to transfer the deed into my name within 30 days. As you can see, it is well past 30 days. What can I do to get the house in my name? Also, can I sell the house even if he hasn’t signed the papers to transfer (my name was never on the house) and only use the divorce decree to sell the house?
You should first try to contact your ex-husband or his attorney and see if you can resolve the matter without having to go to court. If it is impossible to get any response from him or his attorney, you should contact your attorney to file an Order to Show Cause demanding that the judge enforce the order and that your ex sign the deed over to you in court immediately.
Without your ex-husband’s signing the property over to you, I doubt whether any reputable title company will ensure the transfer of the property by you alone, even based on your divorce decree.
If you are living in the New York City metropolitan area, please call me at 212-370-1660 to discuss the matter at greater length.
Leonard M. Weiner, Esq./Divorce Solutions