Legal Question in Family Law in Oregon

Re: House Sale after Divorce-award/signing

Our divorce awarded the house to my ex. The decree says I get 10% of any profits after sale. My name is also on the title. Do I need to sign real estate papers during the sale with the agent for earnest money, offers, etc; and do I need to be present to sign at closing?

ANSWER: If your name is on the deed as an owner of the property along with your ex, a buyer is not going to buy the property without getting a deed signed by BOTH of the existing property owners, as sellers. So, yes, you will have to sign papers, at least the final deed that conveys legal title of the property to the new owner. As to listing agreemnts, etc., you could sign a "Power of Attorney" that authorizes you ex to sign your name on whatever documents (other than the deed) that would otherwise require your signature.

Also, the need for you to sign the deed and participate in the closing is for your protection. Otherwise, there is no guarantee that you will get your 10%. This way, you will simply withhold signing the deed until and unless you get your 10% payment right then and there (along with full disclosure of the details of sale, so that you will know that you are getting the "full" 10% to which you are entitled.

L.D Gorin

503.224.8884