Question asked on Jul 06th, 2017
Q: My divorce was finalized in almost a year ago. I was ordered to pay the mortgage but the home had to be sold per the decree. My Ex is ignoring all efforts to sign the paperwork to sell the home. What are my options? Can I use the decree to bypass his signature?
A: Yes, but not directly. You can file a motion to get the court to sign over the house to you for sale (an “NRCP 70” motion) which then allows you to sell the house without requiring any co-signature. And ask, in that motion, for reimbursement of whatever fees you incur to get the necessary order.
Frequently Asked Questions
What can I do if my ex won't sign the papers to sell our house after the divorce?
You can go back to the family court and file a motion asking the judge to sign over the house to you for sale, commonly called an NRCP 70 motion. Once that order is entered, you can complete the sale without your ex’s signature on any of the paperwork. The divorce decree alone does not bypass the signature requirement directly, but it is the basis for asking the court to enforce the sale it already ordered.
What is an NRCP 70 motion in a Nevada divorce case?
An NRCP 70 motion asks the Eighth Judicial District Court Family Division to enforce a judgment that requires a party to sign documents or transfer property when that party refuses to do it. The court can direct that the act be done by another person, or can vest title in the moving party, so the house can be listed and sold without the uncooperative co-owner’s signature. It is the usual tool when a decree orders a home sold and one former spouse ignores every request to sign.
Can I make my ex pay the attorney's fees I spend getting the court to enforce the sale?
You can ask. In the same motion that requests the court’s order authorizing the sale, you should ask for reimbursement of whatever attorney’s fees and costs you incur in obtaining it, since the expense was caused by the other party’s refusal to comply with the decree. Whether fees are awarded is up to the judge, but requesting them in the enforcement motion is standard practice. Willick Law Group can review your situation in a consultation.
Marshal S. Willick is the principal of the Willick Law Group, an A/V rated Family Law firm in Las Vegas, Nevada, and practices in trial and appellate Family Law. He is a Certified Family Law Specialist, a Fellow of both the American and International Academies of Matrimonial Lawyers, former Chair of the Nevada Bar Family Law Section and former President of the Nevada chapter of the AAML.
Latest posts by Marshal S. Willick (see all)
- New Cases Added to MLAW: 5 COA Unpublished: Maxwell, Schoenwald, In Re: Marriage of Carney and Probst, Pinto, and Trout. - November 1, 2026
- New Cases Added to MLAW: 5 COA Unpublished: Gray, Hoodenpyle, Newcomb, Hall, and Martin - October 28, 2026
- Vol. 83 — The Evolution of Standards for Termination of Parental Rights in Nevada - October 27, 2026