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The Mystic Wave
The Mystic Wave, Paralegal
Category: Legal
Satisfied Customers: 427
Experience:  30 yrs. exp. in the legal profession. Specializing in Personal Injury, Criminal, Civil & more.
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Need info on divorce judgment

Customer Question

My ex since 2000 was to be awarded the house. Neither lawyer has never given me a quit-claim deed. So I guess all these years I have still be listed on the house. Ex wants to sell the home now. But since I am still listed, is having a hard time unless I submit a quit-claim deed. What are my legal options here? I now have 2 of the 3 children. One still remaining with my ex. I live in a different state now than where this house is located. Do I have any legal action? Here is what it says in the divorce papers..

Shall be and is herby awarded to plaintiff, free and clear of any right, claim or interest therein of title thereto on the part of the defendant: which said property is subject to a certain mortgage and note with _ and that the plaintiff, shall assume and pay all sums due to to become due according to the aforesaid mortgage and note, saving the defendant, harmless therefrom. Defendant shall forthwith execute a Quit-Claim deed conveying to the plaintiff, all right, title and interest therein and thereto, and that in default thereof, a copy of the Judgement may be recorded in the office of the register of deeds for the County, and shall act in and of itself as a complete conveyance from the said defendant, to plaintiff.
It is further ordered and adjudged that each party hereto shall sign any and all titles, documents, deeds or any other legal instruments necessary and proper to carry out the provisions of this judgement of divorce and that in the event either party hereto neglects or refuses to execute such instruments as aforesaid, this judgement of divorce or a certified copy of this judgement shall have the same force and effect.
Submitted: 11 years ago.
Category: Legal
Expert:  The Mystic Wave replied 11 years ago.

Greetings:


I am not certain what you mean about what are your legal options or if you have any legal action - except to say that since your ex was awarded the house and now trying to sell, you are obligated to sign the quit claim deed. Although you are in different states, he can have it prepared and send it to you for signature, it can be submitted, via Federal Express.....(you will need to sign before a notary public).


If you wish for further information, please let me know.


My very best to you.


Bright Blessings.


Peace, Love & Happiness,


The Mystic Wave

Customer: replied 11 years ago.
Reply to The Mystic Wave's Post: If you read what I wrote you will see where it says.. and I will quote one more time
"this judgement of divorce or a certified copy of this judgement shall have the same force and effect."

So like I asked before... Do I still have to sign a quit-claim deed? And if you are saying I have to regardless of what the order was... am I entitled to any of the sale of the proceeds? And what happens if I don't send a quit-claim deed? Especially now if you are saying I have to take it to a Notary I will be charged for that. The lawyers should have done such papers at the time of the divorce correct??
Expert:  The Mystic Wave replied 11 years ago.

Greetings:


Thank you kindly for responding, adding further to your question.


Please know that I did in fact read your question -


You quote the following:


"this judgement of divorce or a certified copy of this judgement shall have the same force and effect."


This means that whatever is ordered by the court and stated on the judgment, whether it be the original or copy, it is the same........thereby, from what you originally wrote, the judge awarded your ex the house in 2000 and you were to sign a quit claim deed.


You then ask again the following:


Do I still have to sign a quit-claim deed? And if you are saying I have to regardless of what the order was... am I entitled to any of the sale of the proceeds? And what happens if I don't send a quit-claim deed? Especially now if you are saying I have to take it to a Notary I will be charged for that. The lawyers should have done such papers at the time of the divorce correct??


Do I still have to sign a quit-claim deed?.....


I did answer your question originally ...


"if you still have to sign the quit claim deed" - my answer was "Yes"...because the court awarded your ex the house...and the judgment stated that you were to sign the quit claim deed.


You state:


And if you are saying I have to regardless of what the order was....


I am not saying "regardless of what the order was"...because the judgment was - as you originally wrote, that you were to sign the quit-claim deed...therefore, as I responded originally "yes", you are obligated to sign.


You ask the following:


am I entitled to any of the sale of the proceeds?


You did not ask this question originally - however, in response to this question, being that the house was awarded to your ex, and the judgment states that a quit claim deed was to be executed (note: the meaning of a quit claim deed is as follows: document transferring of property to someone else.....giving up all claims to that property)...thus, any proceeds of any sale would not be yours.


You state the following:


And what happens if I don't send a quit-claim deed?


You did not ask this question in your original response - however, if you do not send, your ex can legally order you back to court for which the judge will order you to sign and may grant sanctions against you and/or your attorney for failure to execute the quit claim deed as was so ordered in 2000.


You state the following:


Especially now if you are saying I have to take it to a Notary I will be charged for that.


As mentioned, your ex can prepare the quit claim deed (if he/she is so inclined), and send it to you in order for you to sign in front of a Notary - and, "yes", the Notary charges a fee - fees are quite inexpensive - in the State of Florida, Notary's fees are $10.00 (ten dollars). You would have to pay to send it back to your ex, via Federal Express - perhaps - or whatever delivery method that you or your ex prefers.


The National Notary Association Online - Become a Notary


You state the following:


The lawyers should have done such papers at the time of the divorce correct??


You did not ask this question originally, however, this is something I cannot answer for you. It depends if the attorney was obligated to do so. You and your attorney should have discussed this matter at the time of the hearing. You can, however, contact your attorney now and discuss same. Perhaps it was just an oversight - as things like this can happen. If your attorney is still in practice, I trust that he/she will remedy this matter.


Perhaps you may wish to contact your ex and find out if his/her attorney was to take care of it at the time.....


I am hoping that I have now addressed all of your concerns - and should you have any further questions, or should you need clarification, please do not hesitate to let me know for I will be more than happy to assist you.


My very best to you.


Bright Blessings.


Peace, Love & Happiness,


The Mystic Wave

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