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Ask Barrister Your Own Question
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 36169
Experience:  Attorney with 16 years experience
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My now husband was married before and in his divorcé decree

Customer Question

My now husband was married before and in his divorcé decree he was given the marital home because he had all of the children. Years later the last child is out of the house and he wants to have her off of the deed and she will not sign the quick claim. Is there anything he can do? this is for the state of Florida
Submitted: 1 year ago.
Category: Family Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question..Did the divorce decree state that the ex had to sign over the deed to your husband?.Is there some reason why this wasn't done back when the divorce order was put in place?..thanksBarrister
Customer: replied 1 year ago.
She was out of state when divorce decree went through . It states that he has ownership after last child turns 18
Expert:  Barrister replied 1 year ago.
Ok, then his recourse here is to file a formal "motion for contempt of court" with the court that originally entered the order to force the ex to return to court and sign a quitclaim deed under threat of up to 6 months in jail..When faced with the fact of coming to court to explain her actions to a judge, she will likely just agree to sign the quitclaim...thanksBarrister
Customer: replied 1 year ago.
Since she lives out of state (Michigan) that probably won't happen
Expert:  Barrister replied 1 year ago.
Well, what he would have to do is "domesticate" his divorce judgment in Michigan by recording a copy of it in the local court where she lives. Then he could file his motion for contempt there in Michigan..Or he could file the motion in FL and then mail her a summons along with the quitclaim deed certified mail to see if she would rather sign the deed or have to come to FL object to the service of process as being improper..So there is a way to force her to just may be a pain to do so. But he will eventually have to take action if he ever wants to sell or refinance. If he passes with her on the deed, then she would legally be a half owner as well unless this was cleared up...thanksBarrister
Customer: replied 1 year ago.
So if he passes before this is done will I be forced to move out since she is on deed?
Expert:  Barrister replied 1 year ago.
If they own the house as "joint tenants" then until the divorce property settlement is enforced, if he passed, then she would become the automatic sole owner..But whoever is in charge of his estate could enter the divorce decree in the probate case and the judge would order that she sign the deed over and that she has no legal interest in the property. But that will likely take more money to get done than fixing it now....thanksBarrister