WIFE was awarded all property in the Property Settlement Agreement. He certianly won't sign the quitclaim deed and has no incentive to do so (incarcerated already...long story).
2006-07-06 03:51:33 · 12 answers · asked by Joe J 1 in Family & Relationships ➔ Marriage & Divorce
This is really easy. Take a certified copy of divorce decree to title company. Title company can remove him from the title for about $300.00. As for the mortgage, depends on the mortgage company. You can do an assumption if they will allow you. If they won't, you have to re-finance into wife's name only.
2006-07-06 03:54:17 · answer #1 · answered by Fishgutts 4 · 0⤊ 0⤋
You could try filing the settlement agreement with the deed at the court of records. This would at least show in the abstract that he has no interest in the property. Your settlement order should have been worded to indicate that should he fail to sign a quit claim deed, the order acts as such and authorizes you to remove his name from the records.
2006-07-06 04:18:19 · answer #2 · answered by Elaine W 1 · 0⤊ 0⤋
Your Lawyer should ask the court or judge to enforce the ruling unless there is a mortgage or lien on the house and it is in his name only, then your out of luck! Start packing and move far far away, unless he defaults on the loan! Since you said he is incarcerated, he may be, if that is the case you might try the mortgage company it's financed through, to see if you can buy it, too many if's without more details. And different laws in each state! If I were you I would research it online ! You can find more answers and they won't cost you anything! Good Luck!!
2006-07-06 04:10:11 · answer #3 · answered by unohu54 2 · 0⤊ 0⤋
Check with the local laws regarding the Settlement Agreement. If the other party is incarcerated, then I think he has no choice, but without doubt, consult an attorney for future advice.
2006-07-06 03:53:52 · answer #4 · answered by Anonymous · 0⤊ 0⤋
I'm not sure what state your from, but there is a statute of limitation. I think it's a year...so...if you can wait it will soon be time that you can have him removed from the deed. If you can call a lawyer and talk to his legal asst, you can generally get that information just thru a simple conversation. It's not that complicated.
2006-07-06 04:26:48 · answer #5 · answered by Dawn 1 · 0⤊ 0⤋
Generally, if parties are divorcing, it will be done after the divorce is finalized and part of the property settlement agreement. If parties are not divorcing and the husband solely owns property, he may deed it over to whomever he wants.
2016-03-27 06:21:41 · answer #6 · answered by Leigh 4 · 0⤊ 0⤋
Present them with the paperwork that it's all yours now and he will have to be taken off, If that doesn't work go back to court and let the judge know!
2006-07-06 03:54:40 · answer #7 · answered by Danette 4 · 0⤊ 0⤋
if you have the court papers then take those in and they should be able to remove him with out him signing
2006-07-06 03:55:20 · answer #8 · answered by Anonymous · 0⤊ 0⤋
If it it yours and he want sign you may need to get back intouch with your laywer. On the mortgage, you will have to re-fin. to get it in your name only.
2006-07-06 03:54:32 · answer #9 · answered by bigdog_0032 4 · 0⤊ 0⤋
makes no sense to me. if she was awarded all property shouldnt he be automatically removed?
2006-07-06 03:54:47 · answer #10 · answered by Anonymous · 0⤊ 0⤋