Skip to content
×
Pro Members Get
Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
ANNUAL Save 16%
$32.50 /mo
$390 billed annualy
MONTHLY
$39 /mo
billed monthly
7 day free trial. Cancel anytime
Buying & Selling Real Estate
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated almost 11 years ago on . Most recent reply

User Stats

62
Posts
27
Votes
Dan Walters
  • Real Estate Investor
  • Boise, ID
27
Votes |
62
Posts

Property Purchase w/Ex-Wife still on Deed

Dan Walters
  • Real Estate Investor
  • Boise, ID
Posted

Greetings everyone! Looking for some feedback. I have a property under contract that an individual is selling post divorce. Seller is the only one on the mortgage, however he did quit claim his then wife on to title. Upon their divorce, there was not a quit claim back to him nor is there anything in their divorce decree about releasing rights to the property. The seller believes the ex is out of the country and unlikely to obtain a quit claim from her. Title will not clear until then.

Any suggestions on how this can still work under the assumption she is unreachable?

Thanks in advance.

Most Popular Reply

Account Closed
  • Investor
  • Central Valley, CA
3,729
Votes |
6,037
Posts
Account Closed
  • Investor
  • Central Valley, CA
Replied
Originally posted by @Dan Walters:
Greetings everyone! Looking for some feedback. I have a property under contract that an individual is selling post divorce. Seller is the only one on the mortgage, however he did quit claim his then wife on to title. Upon their divorce, there was not a quit claim back to him nor is there anything in their divorce decree about releasing rights to the property. The seller believes the ex is out of the country and unlikely to obtain a quit claim from her. Title will not clear until then.

Any suggestions on how this can still work under the assumption she is unreachable?

Thanks in advance.

Have you read the divorce decree to make sure there's nothing in there about the real property?

Without a deed from the wife to him or to you, the seller only has a partial interest to sell. Which is worth less than half the property value IMO.

Is there any equity in the property? The wife currently owns half of whatever it is. It's not that easy to get someone to just sign a deed over when there is value involved. It may work out better for you to work with her directly, as it may be less loaded than the husband trying to get a deed.

Loading replies...