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Document or verbiage to make an addendum to a separation agreement to relinquish all rights to the house they own together.

Gansevoort, NY |

I need a document or verbiage to make an addendum to a separation agreement that was used as the divorce papers for my husband's ex-wife to relinquish all rights to the house they own together that we currently live in and pay the full mortgage on. We want to sell the house and have full control in the selling process and receive any profit that is made on the house. She has purchased another property and should be willing to sign the agreement. We live in upstate NY. Thank you very much.

Attorney Answers 3


  1. You should speak to a real estate lawyer. It might be easier to have your husband's ex-wife sign a quit claim deed turning over the property to him. In the alternative, if you are in the midst of selling the house she can sign a power of attorney allowing him to sign for her at the closing and also sign a document that he is entitled to the entire proceeds of the sale. It may not be necessary to amend the stipulation as long as she acknowledges that she is giving up rights that were there in the original stipulation. good luck.

    I have been a criminal defense attorney in New York for almost 25 years. website: Brooklynlaw.net Phone #: 718-208-6094 email: howard@brooklynlaw.net. This answer is only for informational purposes and is not meant as legal advice.


  2. If they are divorced did your husband get awarded the house as his property? Then there should also have been a provision to transfer the house via a quit claim deed. The divorce papers hold all the answers. He should contact his divorce lawyer.

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  3. Assuming the ex is agreeable, your husband should contact his divorce lawyer to draft it, or another local attorney. any such "addendum" should address the terms and conditions of the existing agreement, and set forth the revised terms and conditions. most agreements have language stating that any subsequent agreement must comply with certain requirements to be binding. He needs to avoid inconsistencies between the agreements. Good luck.

    Robert S. Grossman, Esq., 585 Stewart Avenue, Suite 300, Garden City, NY 516-745-1700. I am licensed to practice law in the State of New York. My practice is focused in the areas of Matrimonial/Family Law, Commercial Litigation, and Real Estate. The above answer does not create an attorney/client relationship. This response is for informational purposes only, and is not intended to convey legal advice, and is intended to provide only general information. If you require legal advice, please contact an attorney in your community. The question is limited and may not include facts which, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for legal advice from a licensed attorney that practices in the subject area in your state. The law varies from one jurisdiction to another, and changes from time to time.

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