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Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 30897
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I own three rental properties in FL that were previously jointly

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I own three rental properties in FL that were previously jointly held with my ex-wife. As per the FL divorce decree, I obtained full ownership of these properties. What should I do to secure my ownership position on these mortgaged properties given my ex-wife's "disinclination" to sign quit claim deeds?
Hi - my name is XXXXX XXXXX I'm a Real Estate litigation attorney. Thanks for your question. I'll be glad to assist you tonight.

One question - - does the divorce decree order her sign a quitclaim deed?
Customer: replied 3 years ago.

The divorce decree confirms and adopts the mediated Marital Settlement Agreement and orders us to comply with its provisions. The Agreement states "the wife shall transfer to the husband all right, title and interest she has in the following properties..."

Thanks for the information.

In this case, she has already consented and the judge has already ordered her to transfer title to you. Thus, she really doesn't have a choice but to sign a quitclaim deed over to you. But, if you present a deed to her to sign and she refuses, then you have the right to file a motion to hold her in contempt of court for failing to do what she's agreed to do and what the judge has directed.

The judge should order her to sign the deed, and he could even fine or jail her until she does. You should also be able to ask for any legal fees you've incurred for having to file the contempt motion.

Thus, if she refuses you , the only thing you can do is file a motion for contempt and let the judge require her to execute the deed.
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Customer: replied 3 years ago.

Since no timeline was specified by the decree or settlement agreement for the ex to transfer her interests in these properties to me, what would be a reasonable period of time to wait prior to initiating a motion for contempt?

Hi - thanks for looking me up again.

Honestly, any amount of time is reasonable because once the judge orders it, it should be done asap. Thus, you could give her any timeframe you want, and if she fails to get it done, you could file the contempt motion.
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