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What is the process to sell by share on a property to my ex husband?

Boston, MA |

My ex husband and I bought a house together while married. After our divorce, we decided to keep the house and rent it out until the market recovered. I am planning on buying a new property and decided to sell my share to my ex husband. Are there any issues that I should think about? What are the steps?
Thank you!

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Attorney answers 5


Have the property appraised by a licensed appraiser to determine fair market value, than have a real estate attorney prepare an offer for your ex to review. Your ex may want to get his own appraiser and negotiate the price if the appraisals are significantly different.

Again, don't try this on your own -- get professional help from a real estate attorney.

E. Alexandra "Sasha" Golden is a Massachusetts lawyer. All answers are based on Massachusetts law. All answers are for educational purposes and no attorney-client relationship is formed by providing an answer to a question.

Thomas J Callahan

Thomas J Callahan


I agree with Atty. Golden. Did your divorce agreement deal with the issue of a future sale of this property?


My colleague gave you excellent advice, the only other piece you want to consider is depending on how long ago you were divorced the tax treatment of the sale could vary. A qualified attorney will be able to help you with this consideration as well. Best of luck.


Karla Mansur, Esq.
Law Office of Karla M. Mansur, LLC
81 Middle Street
Concord, MA 01742
P: (978) 341-5040 / F: (978) 401-0687

I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state


I agree with my colleagues answers. You should also have your divorce agreement/judgment reviewed by a family law attorney to determine what procedures are required and if the agreement should be amended. Best of luck to you.

This answer is for general informational purposes only and does not create an attorney-client relationship.



There are a number of issues that need to be addressed and you should use an attorney. Anything you do must comply with the divorce agreement or court orders. If your ex-husband is uncooperative, yoiu may also use the Partition process to force a sale. The first thing you should do is employ an attorney,. You should not try to handle this yourself. Good luck.

SDteve Coren

This answer does not consitute legal advice and does not create an attorney-client relationship. The answer is based only on the facts presented. This answer is basd only on Massachusetts law.


There are a couple of issues. One of them is a divorce judgment. If that doesn't apply then it's nearly the sale property. There maybe some tax issues involved.

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