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What can I do to have my ex husband's name removed from the deed as per the divorce decree?

What can I do to have my ex husband's name removed from the deed as per the divorce decree?

Q: Does a quit claim deed override a divorce decree?

A quit claim deed does not necessarily override a divorce decree. If the divorce decree states that one party is awarded the property, that decree takes precedence. However, if the other party does not sign a quit claim deed, you may need to seek legal remedies to enforce the terms of the divorce decree.

Q: What if ex won't sign quit claim deed?

If your ex refuses to sign a quit claim deed, you may need to file a motion for contempt in the court that issued your divorce decree. The court can enforce its orders, potentially requiring your ex to comply. If you cannot locate them, the court may allow substitute service to proceed with the necessary legal actions.

Full question:

I was divorced 10/15/1993. I was awarded the house. The petitioner--(My ex- Husband) was divested of all right, title, interest and claim to the property. He did not sign a quit claim deed. I have no way of contacting him. If I did there is no quarantee he would sign any deed. What can I do to get his name off of the title. I tried to re-finance. No one was willing to even though the divorce papers state that all propery is mine. I would like to re-finance, and sell the house.

Category: Divorce
Subcategory: Property Settlements
Date: 04/07/2025
State: Texas

Answer:

When a divorce order isn't followed, a motion for contempt may be filed in the court that issued the order. The court retains continuing jurisdiction to enforce its orders by holding the noncomplying party in contempt of court. The court retains continuing jurisdiction to enforce its orders by holding the noncomplying party in contempt of court. I suggest consulting a local attorney who can review all the facts and documents involved. It may be possible to use an internet search site or hire a professional investigator. When a person can't be located, the court may permit a method of substitute service. Typically, a notice is posted or published in a local newspaper after proof that diligent attempts to locate the defendant have failed. I suggest consulting a local attorney who can review all the facts and documents involved.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Does a divorce decree override a quit claim deed?

Yes, a divorce decree can override a quit claim deed if the decree explicitly states how the property will be divided. If the court awarded you the property and your ex-husband was divested of all rights, the decree typically takes precedence. However, if a quit claim deed was not signed, you may still need to take legal steps to remove his name from the title. Consult an attorney for specific guidance.

What makes a quit claim deed invalid?

A quit claim deed can be considered invalid if it is not properly executed, such as lacking the necessary signatures, not being notarized, or if it was signed under duress. Additionally, if the grantor does not have actual ownership of the property, the deed may also be invalid. Legal advice may be necessary to address specific situations.

Who benefits the most from a quitclaim deed?

The primary beneficiary of a quit claim deed is the grantee, who receives whatever interest the grantor has in the property. This type of deed is often used between family members or in divorce situations to transfer property without warranties. However, it is important to understand that the grantee assumes the risk of any title issues.

What if my ex is on the deed but not the mortgage?

If your ex is on the deed but not the mortgage, they still have an ownership interest in the property. This means you cannot sell or refinance the property without their consent unless you take legal action to remove their name from the deed. A divorce decree may help, but you may need to file a motion in court if they refuse to cooperate.