Legal Question in Family Law in Oregon
House Sale after Divorce-award/signing
Please email me back about this--Our divorce was final in February and awarded the house to my ex, where he lives and has paid for since. He put it up for sale and the decree says I get 10% of any profits after sale (there are none probably). My name is also on the title. I dont care about the selling process and I dont care to participate in the signing of real estate documents with the agent or at the title company or at closing, etc. The decree is very plain and simple to mention the above awards. 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? I am local with him. I would just assume do everything by fax or not at all. Both the agent and my ex drag their feet, do not plan, are flakey, and wait til the last minute for everything and take me down with them, and that is one reason I am not married to this man any longer. I hope my assumptions that I am no longer involved in this transaction beyond collecting profit percentage if any are correct. Thank you.
1 Answer from Attorneys
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