I'm needing information on how to remove my "x"'s name off the deed to the house. She has since moved to another state. I have asked her to quick claim her name off the deed and I have been unsuccessful at getting a response. I need to know if there's any other action I can take. This binds me with the hosue I can not refi or anything with her name on the deed.She has made no attempts with Payments or upkeep. Also need to know what typreof Lawyer I would need to assist with this
2007-08-20 11:08:36 · 11 answers · asked by Susan W 1 in Business & Finance ➔ Renting & Real Estate
I guess I should of added this is agay relationship with my partners name on the deed
2007-08-20 11:17:25 · update #1
The nature of your relationship is irrelevant at this point (not that it ever really was). If she refuses to sign a deed, you can hire an attorney to bring an action for an "accounting" or for a "partition."
Basically, you sue the ex to either pay her portion of the total expenses for the land, or to have the court order it sold and the proceeds divided amongst you both. Here's the important point: if she never contributed anything, then she is not entitled to anything and there is no point in having the sale. Therefore, the judge just orders the property placed into your name.
The laws vary by state, so this may not work for you where you live. However, it works in most states.
2007-08-20 16:11:24 · answer #1 · answered by mcmufin 6 · 1⤊ 0⤋
How To Remove A Name From A Deed
2016-10-21 02:08:09 · answer #2 · answered by Anonymous · 0⤊ 0⤋
You need a Real Estate lawyer to file a suit to force her to refinance and take your name off, or sell it, and give you the equity that you are legally entited to.
You WILL be successful if you persue it, but there is nothing you can do without taking her to court.
You have a right to get out of a Real Estate transaction if you wish. Meanwhile, if both of your names are on the mortgage, for the protection of your credit, always make sure every month (and check...don't take her word for it) that it's paid.
Also, if the mortgage is in both of your names, and you are paying it alone...you can also sue her for those months...b/c that is the difference between renting and ownership...she doesn't have the legal right to just walk away and leave you holding the bag, regardless if she is living there or not.
I wish you luck....it's a tough spot to be in.
2007-08-20 11:53:22 · answer #3 · answered by Expert8675309 7 · 0⤊ 0⤋
A title company can help with this. Basically a registered letter is sent to the person and an amount of time passes without response. That lack of response will allow the title company to petition a court to remove the person's name as disinterested in the property.
2007-08-20 11:25:29 · answer #4 · answered by Anonymous · 0⤊ 1⤋
First off, it is referred to as a Quit Claim deed. The best option is to have here sign her interest over to you in front of a notary public (e.g. at a bank or title company). If you are divorced and the divorce decree stipulated your "x" turn over their interest in the property, your divorce attorney may be able to assist. Next option after that is to visit with a real estate or title company attorney. If push comes to shove, they may be able to file a "quiet title" suit. However, before paying any attorneys, you should offer the "x" some cash to get it done quickly ... it will be less expensive than getting lawyers involved (if the "x" is reasonable)
2007-08-20 11:19:44 · answer #5 · answered by Daniel G 2 · 0⤊ 0⤋
It's called quit claim, not quick claim. And if she won't do it, you can't force her. You'll probably have to buy her out unless there was something in the divorce decree covering this - there sure should have been.
You wouldn't need a specialist lawyer to handle this, pretty much any lawyer should be able to.
2007-08-20 11:17:26 · answer #6 · answered by Judy 7 · 0⤊ 1⤋
You need a court order, you should have gotten it with the divorce.
There is no other way to force a signature off and even the divorce judge is going to make sure you pay her for her 50%.
Her payment and upkeep history actually has no bearing on her right to the deed.
Sucks, but those are the breaks.
2007-08-20 11:12:34 · answer #7 · answered by Elsa D 6 · 1⤊ 1⤋
If you have used any lawyer in the past, contact them and remind them that you used them before. Then ask them if they handle this type of problem or if they know who is good at this.
I do strongly believe you will need a lawyer to fix this, unfortunately.
2007-08-20 11:13:58 · answer #8 · answered by Anonymous · 1⤊ 0⤋
It will require a court action called a partition. See a lawyer.
2007-08-20 11:18:51 · answer #9 · answered by Anonymous · 0⤊ 0⤋
where do you go to find out whose name is on the title for a house
2015-01-02 23:01:49 · answer #10 · answered by Anonymous · 1⤊ 0⤋