Can I Be Forced to Sign a Quit Claim Deed

A quit merits human action will remove your ex-spouse from the title of real-manor yous've been awarded in your divorce. What can yous do if your ex won't sign it?

Say yous've been awarded the firm (or another piece of real manor) in a divorce, and want to know how to go your ex-spouse'south proper name off of the title. The unproblematic respond is a quit claim act.

Only like life, in divorce answers are rarely that simple. If your ex-spouse refuses to sign the quit claim there are several steps you tin can have to force them to do information technology.

Act Basics

Before discussing the use of the quit claim human activity in divorce cases, yous need to know a few bones terms:

• Deed . A legal certificate that transfers ownership of real property.
• Grantor or Transferor . A person who transfers ownership of his or her interest in real property.
• Grantee or Transferee . A person to whom an interest in real property is transferred.
• Quit Claim Act . A act that transfers title to real manor without providing any guaranty of the seller'southward title. Quit claim deeds are used when the grantee is certain of the grantor's ownership, such as in the example of a divorce. [Please note: The proper term is quit claim deed; not quick merits deed.]

Removing a Spouse From a Deed Afterwards Divorce

Part of a divorce judgment is the segmentation of property between the spouses.

If any of that property is real estate that is held by both parties, it will be necessary for the spouse who is not awarded the belongings to sign a quit claim deed transferring his or her interest to the spouse who is awarded the property.

Your Divorce Judgment

Your divorce judgment will either outline the property division or incorporate a settlement agreement (if you lot have one). Your divorce judgment or settlement agreement may or may not specifically club your former spouse to execute a quit merits act. It may include a full general statement to the effect that each party is required to take any and all deportment necessary to carry out the division of property, which covers quit claim deeds for real estate. Even if the judgment or agreement is silent on this point, it is still implied that the necessary steps must be taken to transfer title to property.

How to Get Court to Gild Your Ex-Spouse to Sign Quit Claim Deed

If your former spouse won't sign a quit claim deed for property awarded to you lot, it will be necessary to go back to court to ask the judge to enforce the judgment, with a court ordered quit merits deed. Generally, the judge will have two ways of doing this:

• Notice your ex-spouse in contempt of courtroom, and sentence him or her to jail until a quit claim deed is signed; or

• Issue a court order that transfers the property, which takes the identify of a quit claim human action.

Which method is used by the court will depend upon the law and common practice of the courts in your land.

Court Procedures

Although the specifics vary from land to land, some blazon of court certificate will need to be filed to bring the matter dorsum earlier the judge. Typically, this volition be chosen a Motion to Enforce Divorce Judgment, a Petition to Compel Quit Claim Deed, a Motion for Society to Show Crusade (why your ex-spouse shouldn't be held in antipathy of courtroom for failing to comply with the judgment), or something like.

The motion or petition will be filed with the court, a hearing date volition need to be scheduled with the gauge, and a copy of the papers and notice of the hearing will need to be sent to your ex-spouse (or his or her lawyer).

Be sure to bring the unsigned quit merits deed to court with you. At the hearing, the guess will need to discover that:

• You were awarded the property in the divorce judgment;

• Your spouse has been presented with a quit claim act to transfer the property to you; and

• Your spouse has not signed the deed.

The judge volition probably order your ex-spouse to sign the quit merits deed in court, and will give your ex-spouse an opportunity to explain why the deed was non signed.

Possible Outcomes

You tin expect one of three possible outcomes on the way to filing the quit merits deed:

• Your spouse signs the deed. At which point you lot'll demand to file it with the appropriate agency (most often the canton clerk or property recorder).

• The approximate makes a finding of contempt of court. Your ex-spouse will sit in jail until he or she signs the deed. One time the human action is signed, file it.

• Your ex-spouse refuses to sign the deed even under a contempt finding and the courtroom issues a court order for the transfer of the property. This gild can then exist filed with the appropriate agency instead of a quit claim deed.

morganhinglew38.blogspot.com

Source: https://www.legalzoom.com/articles/what-if-my-ex-wont-sign-quit-claim-deed