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

Asked over 1 year ago - 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!

Attorney answers (5)

  1. E. Alexandra Golden

    Contributor Level 19


    Lawyers agree

    Answered . 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... more
  2. Karla Mansur

    Contributor Level 13


    Lawyers agree

    Answered . 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... more
  3. Karen M. Buckley

    Contributor Level 11


    Lawyer agrees

    Answered . 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.
  4. Elliot S Coren

    Contributor Level 11

    Answered . Hi

    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... more
  5. Henry Lebensbaum

    Contributor Level 20

    Answered . 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.

    henry lebensbaum esq 300 Brickstone Sq Ste 201 andover, ma -- attorneylebensbaum@verizon.net (978) 749-3606.
    Criminal Law (all courts), Drunk Driving, Drugs, Violence, Sex Offenses, theft, SORB, Divorce Child Custody Alimony Child Support & Modification, Contempts & Paternity Juveniles Domestic Violence & Restraining Orders, Business Law, Personal Injury, Guardianship, Conservatorship & Estate Administration & Legal Malpractice. For these & other areas, contact me. Email sent may be copied intercepted or held by computers.

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