What is Needed From a Co-Owner to Sell Jointly Owned Property?

**JLoh1970** · 10-26-2007, 04:29 AM

My wife has signed a Quitclaim deed. We are going through a divorce.

Is the Quitclaim deed all I would need to sell the propery? (I understand she still could be entitled to some profits from said sale pending the terms of the divorce.)

I just want to know if the Quitclaim deed is enough to sell said property without consulting her.

Thanks.

**Mr. Knowitall** · 10-27-2007, 07:58 AM

Laws are different in each state. She may still have an interest in the property by virtue of your marriage to her that cannot be extinguished until your divorce is finalized. Discuss it with your divorce lawyer.

**seniorjudge** · 10-27-2007, 08:32 AM

Quoting Mr. Knowitall

Laws are different in each state. She may still have an interest in the property by virtue of your marriage to her that cannot be extinguished until your divorce is finalized. Discuss it with your divorce lawyer.

And when you do get ready to sell it, the title insurance company will tell you exactly who will need to sign what.

**FairHousingGuru** · 10-29-2007, 11:59 AM

The above two comments couldn't be more "right on the money".

I've dealt with this issue previously, and even with a Quitclaim in hand, once your sell is finalized, there will still be a need to obtain a Divorce Decree...

As stated by Knowitall, your Divorce Attorney will be able to properly address this and/or all issues in regards to your settlement residuals.

Good luck~