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Updated almost 11 years ago on . Most recent reply

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62
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27
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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
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6,037
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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.

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