ArcaMax

Q: I was divorced back in 1999, My ex-husband kept the property we bought together. I did not get a cent from it. I don’t remember signing off when he sold the property.

I read that I should’ve signed a special warranty deed in front of a notary, which I didn’t. I’m still named in the paperwork for the release of the lien. I signed that, but still didn’t get any money. What can I do about that now?

A: Wow. It’s no small feat trying to turn the clock back 25 years. But your seemingly simple question doesn’t have an easy answer.

That’s because we have a host of questions for you: First, did your divorce decree entitle you to any of the proceeds from the sale of the home?

We start there because if you’re not entitled to share in the proceeds of your ex-husband’s property, there’s nothing for you to do. Next question: Were you ever on title to the property with your ex-husband?

We often see situations where both spouse’s names are on the mortgage but only one person owns the home. For example, let’s say one spouse owns the property. They decide to take out a mortgage. The lender will require both spouses to sign the mortgage or trust deed documents. They require the owner’s signature to grant the mortgage or trust deed. But they also require the non-owner spouse to sign documentation to release any spousal interests they may have in the home.

So, you might see your name on the release of lien document, which is the document that releases the lender’s right under the mortgage or deed of trust. But if you were a non-owner spouse, your signature would not be required for your ex-husband to sell the home.

In the first two situations we described, you would not be entitled to money from the sale of the home. And, again, your ex-husband might not have needed your signature to sell the home.

On the other hand, if your divorce decree required your ex-husband to share the proceeds from the sale of the home, and the home was in both your names, your signature should have been required on the sales documents.

Before you start looking for those documents, first figure out whether the divorce decree required your ex-husband to share money with you when he sold the home. Next, determine whether you were an actual owner of the home he sold.

If the answer to both of those questions is “yes,” then talk to a real estate attorney to figure out your next steps. You’ll want to get a copy of the deed that transferred ownership of the home to the new owner and determine who signed (or forged) your name on the document. The notary that witnessed the signatures on the deed might have kept a record of the transaction and may have documentation (like a copy of a driver’s license or other proof of identity.)

Our last question relates to the date of the sale. If your ex-husband sold the home 20 years ago, there might not be much you can do because so much time has passed. If the sale happened within the last year or so, you’ll have a much better chance of finding information, figuring out what happened, and perhaps recovering money to which you were entitled.

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(Ilyce Glink is the author of “100 Questions Every First-Time Home Buyer Should Ask” (4th Edition). She is also the CEO of Best Money Moves, a financial wellness technology company. Samuel J. Tamkin is a Chicago-based real estate attorney. Contact Ilyce and Sam through her website, ThinkGlink.com.)

©2025 Ilyce R. Glink and Samuel J. Tamkin. Distributed by Tribune Content Agency, LLC.