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I am buying out my husband for our house in New York as per signed settlement agreement. What now?

East Meadow, NY |

I got the clear to close, have given him a down payment and agreed to pay the balance after my refi closes. I am told he has to be there to sign over title transfer agreement. But my divorce atty now states that she does not need to be there, and said my "real estate atty" which I do NoT have, should be doing the rest? Told her i dont have one, and she said then call the title company and just set it ip with him. Is this right? Should I be worried, or just have the settlement company send the form to his atty as requested? I wont be able to pay the balance owed himfor at least four days after closing as per ny state law but that has not been discussed. My atty said I should cut him a check there, but apparently didnt know this. What to do??

Attorney Answers 5


  1. This is not a divorce issue but a real estate issue - and you should have a real estate attorney handle it. You wouldn't go to a cardiologist to have your hearing checked...

    Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer could be considered attorney advertising.


  2. You should discuss this matter with the attorney you choose to represent you at the closing. Your husband might decide to have an attorney represent him at the closing and there should be some agreement as to how payment is going to be handled. Good luck.

    I have been a criminal 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.


  3. Someone needs to draft the real estate documents, deed, tp 584, transfer docs, etc. If your divorce atty does not do so you need to get a Real Estate attorney.

    The above is a general answer and is not considered legal advice. You should contact an attorney before proceeding to take any legal action, signing any papers or upon service of a summons. Howard E. Knispel 631-864-7589


  4. Your divorce attorney knows the facts of your settlement. But, generally, the other party must be at the closing or must give a power of attorney to someone else to do the closing in his/her name.

    * This information is general legal information and is not intended to be advice on your particular case. If you find the information helpful, please let me know by clicking the button!


  5. Most divorce attorneys, such as I, typically do the closing for such transfers incidental to divorce, as part of the service rendered. There are a number that do not or are uncomfortable doing so. Since the latter seems to be the case, simply retain the services an attorney who does closings, to handle the transaction and documents since terms and certainty are already worked out. You must be understandably uncomfortable at the moment, and this will cure it.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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