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Hello I hope you can be of assistance. My Finance was previously married. He still lives in the home they shared. The Ex's wifes name is still on the title. The divorce decree states she "was" suppose to sign over all her interest to her ex-spouse. My fianace has a payment plan with her to pay her for her interest in the home. The divorce decree states his Ex will have a lien on the property until paid in full. During his second to last payment to his Ex-spouse she mentioned to him one more payment (not due for another 11 months) and then I will get my name off the title, (sign a quit claim deed). He was shocked to say the least! He thought her name was already taken off as per the divorce decree. She refuses to sign the quit claim deed. He contact an attorney & they suggested going to County Hall of Records and give them a certified copy of the divorce decree. Cost roughly $60.00 and the Hall of Records will have a notation on his deed. I investigated this idea and realized this does not take her name off the title and still can cause a hassle when he tries to refinance, sell the home, what have ya! I've read in your blogs that a quit claim deed also does not take someones name off the title and what the experts advise is a warranty deed instead. (boy this is confusing) So here are my questions.....
1. When I marry my fianance will that automatically remove his Ex's name from the title?
2. If my finance magically gets his ex to sign a quit claim deed before we are married and before he pays her off next year (I understand the lien, that is appropriate). SHOULD he also have his ex sign a warranty deed at time of last payment to her to make sure title is clear of liens as well??
3. Is there any other options in achieving her name off the title?

I just don't understand when people divorce they just can't go on with their lives. There is sooo much anger and revenge in this world.

LOVE WINS
Thank you and I look forward to your response! Smile

sweeney · Posted: Fri Aug 08, 2008 1:04 pm Post subject:

Welcome to the forum, Sally. If I understand your situation correctly, per the div decree, the ex has to remove her name from title. A quit claim deed will do this which she'll need to sign. The div decree in itself does not do it, it essentially says she has to do it. Hopefully, by a certain date which could have been specified in the div decree or sep agreement. If this is the case and she's refusing to sign, will need to talk to the attorney. Maybe the div decree specifies that happens at a certain event, ie the payoff of that lien, I don't know.

I'll answer your questions the best I can below:
1. These are two seperate events, not related. So, no it would not.
2. The quit claim should suffice. In addition, probably a document from her stating loan paid in full and lien released, notarized.
3. No, not as far as I know.

I do think you or he should get an attorney's advice because it sounds like there could be more to it. Good luck!

Guest

Thank you Sweeney for your advice. The decree states clearly that Ex-Wife is to "immediately" sign over any and all interest to Property to Husband. And in another sentence, states Ex-Wife to place a lien against property until payments are paid in full. As of yesterday my fiance has contact a lawyer. Hopefully this can be cleared up quickly.

jerry · Posted: Thu Aug 14, 2008 12:13 pm Post subject:

Hi Sallygi,

You are on the right track. As per the divorce decree, right after receiving the decree, the ex-wife should sign over a quitclaim deed and thereby transfer property to your fiance. However, being on the loan, the ex-wife needs to pay down the mortgage completely. Until she pays off the loan, she will not be able to make the title free of any lien.

Thanks,

Jerry

Guest

My husband and I were married last year. He owes his wife $50,000 which he is giving her in his life insurance policy. We asked her to sign a quitclaim deed, with an insurance guarantee that she will receive this money when the insurance policy is enacted. She refuses to sign the Quitclaim Deed, stating that the Insurance Company may go broke and she woud then not get her money. What are our legal rights to have her name removed from the Deed and my name inserted?

smithsussane · Posted: Wed Jun 10, 2009 10:26 pm Post subject:

Hi Cheryl!

Welcome to forums!

Your husband's ex-wife will have to sign a quitclaim deed in order to remove her name from the property. However, if she is not ready to remove her name from the property, your husband and his ex-wife can sign a quitclaim deed and still add your name to the property.

Feel free to ask if you have further queries.

Sussane

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Quit Claim Deed/Divorce