my ex wont sign short sale agreement. who pays for attorney

What happens if my ex-spouse refuses to sell the House?

Jul 14, 2017 · A: Yes, but not directly. You can file a motion to get the court to sign over the house to you for sale (an “NRCP 70” motion) which then allows you to sell the house without requiring any co-signature. And ask, in that motion, for reimbursement of whatever fees you incur to get the necessary order. Email.

What can I do if my ex won't sign the deed?

May 08, 2019 · This is why I won’t take a listing in a family law case with only one signature when both spouses are on title unless there are extenuating circumstances. And I don’t advise anyone to do so; it’s a setup for disappointment. If one party refuses to sign a listing agreement, that’s an indication that they’re not cooperating generally.

Can a judge order an ex spouse to sign a quit claim?

Nov 21, 2016 · If an ex-spouse is refusing to comply completely, then your attorney may file a motion for contempt. This motion will tell the court that your ex-spouse was ordered to sell the house, but is willfully failing to do so. A motion for contempt is essentially asking that the court punish the ex-spouse for not living up to the divorce decree. These ...

Can I Sell my House without my husband signature?

Sep 16, 2020 · At the hearing, the judge will need to find that: You were awarded the property in the divorce judgment; Your spouse has been presented with a quit claim deed to transfer the property to you; and. Your spouse has not signed the deed. The judge will probably order your ex-spouse to sign the quit claim deed in court, and will give your ex-spouse ...

What happens if my ex-wife refuses to sell my house?

If an ex-spouse is refusing to comply completely, then your attorney may file a motion for contempt. This motion will tell the court that your ex-spouse was ordered to sell the house, but is willfully failing to do so. A motion for contempt is essentially asking that the court punish the ex-spouse for not living up to the divorce decree.

What is a motion for contempt of court?

A motion for contempt is essentially asking that the court punish the ex-spouse for not living up to the divorce decree. These punishments usually take the form of some sort of monetary penalty or ordering the party to take a specific action, such as listing the house.

What does a final divorce decree mean?

The entry of a final divorce decree means the end of a marriage. However, the provisions of a final decree often leave the two parties tied together in other ways, such as child custody, child support, alimony. How to handle the division of the marital residence is no exception.

Can a judge order a spouse to sell their house?

It is not uncommon for the trial judge to order the spouse who is still living in the house to put the house on the market and sell it as soon as possible. Issues often arise, however, when the spouse still living there drags his or her feet, or just flat out refuses to comply with the order.

What to do if your ex won't sign a quit claim deed?

If your former spouse won't sign a quit claim deed for property awarded to you, it will be necessary to go back to court to ask the judge to enforce the judgment, with a court ordered quit claim deed. Generally, the judge will have two ways of doing this: Find your ex-spouse in contempt of court, and sentence him or her to jail ...

Who signs the deed to a house?

Your spouse signs the deed. At which point you'll need to file it with the appropriate agency (most often the county clerk or property recorder). The judge makes a finding of contempt of court. Your ex-spouse will sit in jail until he or she signs the deed. Once the deed is signed, file it.

How to file a quit claim deed?

You can expect one of three possible outcomes on the way to filing the quit claim deed: 1 Your spouse signs the deed. At which point you'll need to file it with the appropriate agency (most often the county clerk or property recorder). 2 The judge makes a finding of contempt of court. Your ex-spouse will sit in jail until he or she signs the deed. Once the deed is signed, file it. 3 Your ex-spouse refuses to sign the deed even under a contempt finding and the court issues a court order for the transfer of the property. This order can then be filed with the appropriate agency instead of a quit claim deed.

What is a deed in real estate?

Deed. A legal document that transfers ownership of real property. Grantor or Transferor. A person who transfers ownership of his or her interest in real property. Grantee or Transferee. A person to whom an interest in real property is transferred. Quit Claim Deed.

What is the division of property in divorce?

Part of a divorce judgment is the division of property between the spouses. If any of that property is real estate that is held by both parties, it will be necessary for the spouse who is not awarded the property to sign a quit claim deed transferring his or her interest to the spouse who is awarded the property.

What is a quitclaim deed?

Quitclaim deeds are an easy way to convey property to another, but be careful, as there may be unknown title issues that may arise. Learn more about quitclaim deeds and how to use them.

Can a divorce decree require a quit claim deed?

Your divorce judgment or settlement agreement may or may not specifically order your former spouse to execute a quit claim deed. It may include a general statement to the effect that each party is required to take any and all actions necessary to carry out the division of property, which covers quit claim deeds for real estate.