Title Company vs Divorce Decree
divorce attorney Arkansas Jul 27, 2026
Location: Arkansas. I currently co-own a home with my ex-wife, the home is currently for sale and recently went under contract and is due to close within the next two weeks. Our divorce decree states that my ex-wife is due a fixed dollar amount upon the sale of the home. Our divorce decree also states that my ex-wife will receive a $70,000 payout from my 401(k) account, a QDRO is currently in process with my 401(k) provider. The divorce decree does not state that the sale of the home is contingent on the 401(k) payout or vice versa. Here is my current problem, the title company I am using sent my ex-wife all of the paperwork for the deed release and sent her an affidavit stating that she has received the 401(k) money and that I am current on child support. She let the title company know that she has yet to receive the 401(k) money and that she would not sign the affidavit due to this. The title company contacted me and relayed this information and said that they could hold out the $70,000 from my portion of the proceeds from the sale of the house and give to my ex-wife. I questioned the title company and asked how that was legal? How is it legal to give my ex-wife an additional $70,000 cash from the sale of the home when she will still receive the $70,000 from my 401(k) account once the QDRO is processed. They stated that they must follow the decree and that I should consult my attorney. This issue has completely stopped the closing process. I have contacted my attorney regarding this issue and I am currently waiting for an update. Any advice would be greatly appreciated.
