Does the ex-wife have to sign over the deed?

Does the ex-wife have to sign over the deed?

Investor · Tacoma, WA · Member since 2016 · 12 posts · 5 votes

Is there a way to get a property sold (to me) if the seller's ex-wife will have nothing to do with him or the deal?  The backstory here is pretty bizzare:  The neighboring property to one of my rental houses has some fire damage and has sat vacant for about 6 years.  I found the owner on facebook and hit him up to sell me the place. He was all on board.  He said he has an insurance check that he could cash and catch up his payments to the bank if his wife was to endorse it.  He stopped paying the bank after the fire/ break up from wife, but the bank never foreclosed on him (as they probably don't want a burned house).  I tried contacting the ex-wife and can't get a reply from her.  So is there any way to get the deal done - or does she have to sign off on the check as well as for title transfer? Thanks for any advice.

0Reply
11 views

7 Replies

Jump to latestLatest
  • Investor · Ogden, UT · Member since 2016 · 45 posts · 12 votes
    10y
    If the property was deemed his in the divorce and its stated in the divorce decree, that the property is his. He should be able to do all of it without her. They will just ask to see the divorce decree. My 2 cents
  • Real Estate Agent · Buena Park, CA · Member since 2016 · 743 posts · 424 votes
    10y
    If her name is on the deed,you need to locate her and entice her to sign a Quit Claim deed to relieve her legal claims to the house.
  • Jerry W.Pro Member
    Moderator
    Investor · Thermopolis, WY · Member since 2012 · 4k+ posts · 4k+ votes
    10y

    It has been my experience that you must have either a court order filed in the chain of deed transferring property to the party, or one party must sign a deed to the other.  Often in a divorce the court just says here is the property split.  If one party will not sign then the other party must go back to court if they will not sign.  Sometimes the court will order one party to remove the other from the mortgage and a vicious cycle ensues.  One will not sign without being removed from the mortgage, the other cannot get financing if they don't sign it over.  Sometimes a middle person can get it worked out to buy it.  Sometimes the parties hate each other so much they will not do anything that might help the old spouse.  Good luck.

  • Brooksville, FL · Member since 2012 · 429 posts · 220 votes
    10y

    I had something similar once.    I compensated her with a 20k shopping spree instead of actual cash since she thought it was a scam.    The actual items somehow made sense ot her.

    Purse, red bottom shoes and I think a tennis bracelet were the highlights.    My wife said it made her sick to have to go with her "shopping".      

  • Investor · Tacoma, WA · Member since 2016 · 12 posts · 5 votes
    10y

    Thanks for the responses.  Doesn't sound nearly as straightforward as I'd hoped - unless it went to him in the divorce.  I've found the woman on facebook and reached out to her, but never got a reply.  I can't find anything but old disconnected numbers for her phone # in online searches.

  • Kirkland, WA · Member since 2016 · 26 posts · 7 votes
    10y

    There was a story about a deal like this in one of the books I read.  I think the "Weekend Millionaire's Guide".  She was bitter and wanted to see her husband suffer, essentially.

    The shopping spree is an interesting reversal. 

    Not being able to -find- the ex would be a huge problem, though.  You might be able to approach it through genealogy.  Surely her husband will know her name, names of parents, etc.  If he's serious about selling the property, he could pay for a detective or you could talk him into a way better deal if you do all the legal work.  Risk there is it all falls apart if you can't deliver.

  • Curtis BidwellPro Member
    Rental Property Investor · Olympia, WA · Member since 2014 · 777 posts · 744 votes
    10y

    @Jeremy Sanderson I have a land use consultant in Puyallup that loves to negotiate out of the box deals.  I am closing on a property this Wednesday that we have worked on for over 3 years together.  It has finally come together due to his persistence and working to make a win-win for everyone involved.  PM me if you'd like his info. 

Join the conversationCreate a free account to reply, vote on answers and follow this thread.