Posted: Tue Aug 25, 2009 8:40 am Post subject: WHAT IF THE OTHER PARTY DOES NOT WANT TO SIGN THE DEED TO BE
WHAT IF THE OTHER PARTY DOES NOT WANT TO SIGN THE DEED TO BE REMOVED, BUT I HAVE A COURT ORDER?...IF A PERSON TO BE REMOVED FROM A DEED, PER A COURT ORDER, DOES NOT WANT TO SIGN, IS THE COURT ORDER SUFFICIENT TO PRESENT WITH ONLY THE OTHER PARTIES SIGNATURE
If there is a court order to remove a person's name from the property deed, then the person cannot refuse to sign the deed. This would be considered as illegal. You should contact your attorney and take legal steps against the person. _________________ Procrastination is the enemy of your financial sucess
Guest
Posted: Wed Aug 26, 2009 11:11 am Post subject:
Read the court order carefully. More and more in divorce case the judgment will state that X will sign a quit claim deed to Y by xx/xx/xxxx and (the important part) if X does not do so, THIS ORDER WILL ACT AS A DEED. If that's in there, you should be albe to transfer the property using the court order. If it's not, you're in for more litigation -- maybe just try to get a contempt citation.
You can enforce a court order by going back into court and asking the judge to enforce it. The judge can enforce it by putting the person in jail until they sign, and other ways. The procedures vary by jurisdiction, so consult with a local attorney. _________________ Disclaimer: This is not legal advice and I am not your lawyer. The information provided in this forum is for discussion purposes only, and is no substitute for an in-person consultation with an attorney who can analyze all of the facts and determine how your state and local laws may apply to your specific situation.
adonis
