My Ex- husband and I got divorced almost 2 years ago. During our marriage we acquired 3 properties. I was given one and he was given the other 2 per our divorce settlement. However, the 3rd property, which is mortgaged in my name, has not been re-financed so that it can be removed from my name. I want to know if I can legally just sell it even though he makes the payments each month and pays the property taxes? Do I need to give him something in writing stating I'm going to sell it or can I just have a real estate agent list the property? Please let me know. Thanks

2 years and it still hasn't been refinanced?

Make him!

That being said, this property, who is on the deed?

You say your are on the mortgage, that's nice. Who is on the deed of the property? Assuming it is solely you, then put the property up for sale. Tell him you will sell it and give him all the profits unless he wishes to refinance now.

Ok, I did not follow you.

The third property has a loan on it in your name, but the court has given it to him. So legally it is his property not yours. You are being held responsible for the payment due to a prior loan, but you hold him responsible per court order from the divorce court.

You can not sell it, he can sell it to pay you off. I would say he is not really trying hard to re-finance, why not talk to the current lender, let them see it is his checks paying for the mortgage and see if they will re-fiance to him.

The ball is in his court, unless you decide to take him back to court over this property since he appears not trying to abide by the court order to refinance.

Divorce lawer would be first trip,
* From what I understand you to say this is the way I understand it.