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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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My ex husband signed a quit claim deed 2 months ago surrending

Resolved Question:

My ex husband signed a quit claim deed 2 months ago surrending the property to me, after 12 years of divorce. I did not file it yet. In the meantime, we had a falling out. When I went to file the quit claim, I had to file conveyance tax return form that he has to sign. He refuses to sign. Where do I stand?
Submitted: 5 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your question.

May I ask what state you are located in?
Customer: replied 5 years ago.
CT
Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your question.

May I ask, "stand" for what exactly? Do you wish to know if you can compel him to sign? The quit claim transfer, was that court ordered or via a divorce decree?
Customer: replied 5 years ago.

Nothing to do with decree. He decided due to financial hardship to quit claim the deed back to me, free and clear.

 

Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your follow-up.

Then may I ask what exactly you mean by "where you stand"?
Customer: replied 5 years ago.

The quit claim is valid because it is properly executed. However, I can't file it with the town because he won't sign the real estate conveyance tax. What are my options?

 

 

Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your follow-up.

Hmm, may I ask why he is refusing to sign? Or did he simply change his mind over the quit claim?
Customer: replied 5 years ago.
He can't change his mind. Its done. What are my options to file with the town? They need the conveyance form signed. If you don't know, I'll move on.
Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your follow-up.

What you can do is file for a "quiet title" action on the property via the courts, and get a court order designating the property as yours. Since you have the quit claim signed but not recorded, it can be used as proof of ownership, and would permit the judge to uphold the property as yours. That would grant you the ability to have the judge sign off on the conveyance form since it would be so decreed by court order.

The reason I was asking other questions was because I was trying to find a cheaper way of doing it. Going to court and getting a judicial order can be expensive as it would likely require an attorney. If it is possible to convince the ex to sign off, it would save you a lot of time, money, and resources, and why I was trying to find an alternative option.

Good luck.
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