Legal Question in Real Estate Law in New Hampshire
Divorce
my ex wife lives in the house we had when we were married.The house is currently for sale,we are both on the mortgage, she has agreed to split the equity when the house sells,what document do I need to have her sign to agree that we split the equity 50/50 when the house is sold ?
3 Answers from Attorneys
Re: Divorce
I would suggest you review the terms of your divorce decree. Something of this significance should have been covered in that document. If not, it would be prudent to consider an amendment to the decree to confirm the split in equity if you have concerns.
Re: Divorce
I assume you have a divorce settlement that provides for the 50/50 split so that agreement should be all you need.
Moreover as tenants in common, unless otherwise agreed in writng the closing attorney is going to issue the check either in both your names or 1/2 to each of you.
You should attend the closing.
: Divorce
This issue should have been raised as part of your divorce contest. The separation agreement controls.
If you have questions, contact me.