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  1. #1
    Join Date
    Dec 2012
    Posts
    1

    Default How to Sell a Home With My Deceased Ex-Husband Listed as Co-Owner

    My question involves real estate located in the State of: Kentucky


    My husband and I divorced 3 years ago and he gave me the mobile home and land. We did the divorce ourselves without any attorneys. It states in the divorce settlement that I get the mobile home and land. Here's the problem, I never did anything after we divorced to get his name off the deed. To make matters worse, he died a year ago.

    I am wanting to sell my it and need to get it out of his name. I have two children, one of whom is 21. He has a daughter from a previous relationship who's 24. Someone told me since it's still in him name also the kids could get a portion of the equity. I'm not worried about my two children, but I'm worried my ex step-daughter will ask for money.

    The ex did not leave a will. Do I need to get my son to be executor of estate so he will be able to sign off on the title to the mobile home and land? Or what's the easiest way to get his name off the deed and land? I'm clueless.. I wish I had the money to pay for an attorney to handle this, but I dont. Any help will be greatly appreciated.

  2. #2
    Join Date
    Oct 2006
    Posts
    16,200

    Default Re: Selling Home and Deed in Ex Husbands Name Also and He's Deceased

    Quote Quoting wendyatcoe
    View Post
    My question involves real estate located in the State of: Kentucky


    My husband and I divorced 3 years ago and he gave me the mobile home and land. We did the divorce ourselves without any attorneys. It states in the divorce settlement that I get the mobile home and land. Here's the problem, I never did anything after we divorced to get his name off the deed. To make matters worse, he died a year ago.

    I am wanting to sell my it and need to get it out of his name. I have two children, one of whom is 21. He has a daughter from a previous relationship who's 24. Someone told me since it's still in him name also the kids could get a portion of the equity. I'm not worried about my two children, but I'm worried my ex step-daughter will ask for money.

    The ex did not leave a will. Do I need to get my son to be executor of estate so he will be able to sign off on the title to the mobile home and land? Or what's the easiest way to get his name off the deed and land? I'm clueless.. I wish I had the money to pay for an attorney to handle this, but I dont. Any help will be greatly appreciated.

    I really think that you are going to need an attorney. If the divorce decree states that you get the house and land, you should be able to retitle things based on the divorce decree, but it would be difficult to do it by yourself. At least talk to a real estate attorney about the situation.

  3. #3
    Join Date
    Jul 2012
    Posts
    479

    Default Re: Selling Home and Deed in Ex Husbands Name Also and He's Deceased

    This isn't a DIY project, I'm afraid, and not one that someone can walk you through over the internet.

    I hope that the ex had some assets or that your son does, because it might be easiest for the son to be appointed administrator of the estate and then sign over a quit claim of ex's interest in the place on behalf of the estate in accordance with the contract your ex signed (which I trust was incorporated into the divorce decree).

    If your son isn't willing to step up, you're always free to apply to be administrator yourself. (There'd be a path by which to address this in the divorce court if it were a matter of your ex refusing to sign off on a quit claim deed and the title to the mobile home, but I don't see that working now that he's dead.)

  4. #4
    Join Date
    Sep 2010
    Posts
    19,673

    Default Re: Selling Home and Deed in Ex Husbands Name Also and He's Deceased

    The property settlement doesn't transfer anything. You should have had him prepare the deed immediately to actually transfer the property. Seeing how he is now dead, as pointed out by others, you now need to make a claim on the estate to compel them to transfer it. As pointed out, this is NOT a DIY issue anymore...and indicates why it might have been a good idea to have legal review on things when you got the divorce to begin with.

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