Legal Question in Family Law in Kentucky

Divorced couple have a house. After the divorce, the deed is put in the wife's name only, but the mortgage loan is in the husband's name only. The divorce agreement states that she is to live in the house until it is sold. The husband now (2 years later) wants to sell the house, the wife does not. Can he sell the house with the deed being in her name?


Asked on 9/26/10, 3:16 pm

1 Answer from Attorneys

Gregory Napier Troutman & Napier, PLLC

He no longer has title to the house so he cannot transfer title. However, it sounds like things were resolved in such a way in the divorce decree that he could go back to court and have the court order the wife to put the house up for sale. This was a pretty odd way to have things set at the end of a divorce, so an attorney would need to see the paperwork from the divorce case to know for certain.

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Answered on 10/02/10, 9:18 am


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