Who has legal rights to my property?

life247outdoors · Joined: 24 Mar 2008 Posts: 2 1.70 Dollars($)

I divorced 8 years ago and my ex did not sign the quit qlaim deed. I have since refinanced and the ex was suppose to sign off at a different location while I was at the mortgage office. To no supprise he did not sign off, however they were able to process the necessary paperwork????. I was unaware of this until I went to an attorney to have a living will created and was asked for an copy of my property title. While having a living trust created, I had yet another quit claim generated which has not been signed. My attorney states that since my divorce decree reads the property is mine, I have nothing to worry about. However I am not quite certain about this. I have two children which would inherit my properties but, would they have to go to probate court to receive what is intitled to them? Please help

larry · Joined: 27 Jun 2007 Posts: 3328 473.40 Dollars($)

Hi life247outdoors,

Welcome to the forum.

As the divorce decree says that you will own the property, you should actually own the property and that is why, probably, you have refinanced the mortgage in your name only and that is actually very good. But your husband has not singed the quitclaim deed yet. So still he is on the deed.

I think you have all the right to ask him to quitclaim the property to you and he is bound to do so as per the divorce decree. I think you should take legal action against him so that he quitclaims the property to you. Otherwise you may face problem in future.

Feel free to ask if you have any further questions.

Best of luck,
Larry

life247outdoors · Joined: 24 Mar 2008 Posts: 2 1.70 Dollars($)

Hi Larry,

Thank you for your response. So, actually is he in contempt of court for not signing the quit claim? Since I have already worked thru two attorneys who have been unsuccessful in having him sign off, Is it legal for me to generate a quitclaim myself and file it throught the MI county clerks office? If so, would you know of web site that offers free or a nominal fee for forms on line? again with the title in his name/my does that mean he is part owner?

Thanks again

Samantha

Hi lifeoutdoors,

I too feel that the ex-spouse needs to sign on the quitclaim because as per the divorce decree he needs to relinquish his claim to the property in writing. The title to a property should reflect what is stated on the decree regarding ownership rights. So, as per the decree, he needs to sign on the deed. I don't understand why the legal professionals have not been able to make him sign.

I don't think filing a deed for yourself will work here. It is the grantor (one who gives away property) more than the grantee who needs to sign. This is because even if you do so, who knows someday he might turn up and tell you that the title still reflects his name as co-owner, so he can claim interest in the property. It's important to make the statement in the decree effective by making him sign on the deed.

Hope this helps...

God bless you.

Samantha

ckalvesmaki · Posted: Tue Mar 25, 2008 4:58 am Post subject:

Guest....

Yes he is in contempt of court.......you need to go back to your divorce attorney and have it filed.

But it sounds like you may have a bigger issue......ie with the mortgage and the refi......someone signed something in order for the lender to fund your loan....and that would be fraud.......So i would tread very carefully and retain a real estate lawyer as well.....

freds11 · Joined: 17 Mar 2008 Posts: 17 4.91 Dollars($)

That sounds like a pretty rough situation.

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