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

Asked over 2 years ago - 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. Robert Scott Grossman

    Contributor Level 6

    1

    Lawyer agrees

    Answered . 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... more
  2. Howard A. Schwartz

    Contributor Level 20

    Answered . 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-... more
  3. Peggy Margaret Raddatz

    Pro

    Contributor Level 20

    Answered . 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.

    IF YOU FOUND THIS ANSWER "Helpful" or " The Best Answer" YOU CAN THANK ATTORNEY RADDATZ BY MARKING IT SO... more

Related Topics

Legal separation and divorce

A legal separation and a divorce are different because a separation does not end the marriage. Spouses live apart and remain married.

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