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J. Warren
J. Warren, Lawyer
Category: Real Estate Law
Satisfied Customers: 1116
Experience:  Experience in residential real estate and commercial leases.
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My fiancés ex husband wont sign the quit deed form after

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My fiancé's ex husband won't sign the quit deed form after he said he would. My fiancé and I are about I get married and would like for him to be off of the deed to the house, because we foresee issues with her ex if we do not get him off the deed. For example, just coming into the house seeing as his name is XXXXX XXXXX deed or calling the cops in me, because he "owns" the house an would say I am trespassing. Is there anything we can do to get him off the deed. Can we get the court to sign the quit deed or make him sign it. He doesn't make any payments on the house and does not live there. What can we do?
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  J. Warren replied 11 months ago.
Hello! Thank you for your question today. My goal is to provide you with the information you seek.

Please note: (1) this is general information only, not legal advice; and (2) I will provide you with honest information and not necessarily to tell you might be hoping to hear.

Sorry you are dealing with this situation and the immaturity of the ex-spouse. If you could answer a couple questions so that might be helpful for me to provide you the information you requested: (1) was there a divorce property settlement that awarded you the house and required him to facilitate that by signing relinquishing his interest in the property; (2) is he still on the original loan documents?

Customer: replied 11 months ago.
As far as I am aware he is still on the original loan document. They won't take him off of the loan and says that in order to take him off the loan we have to refinance the house. Also the divorce documents states that both parties have divided the properties belonging to them and that the house belongs to my fiancé, however another legal person has looked at the documentation and says it does not specifically state the house is hers. They said that we needed to get him to sign a quit deed form or real estate transfer form. He originally said he would sign it, but when we got the forms for him to sign, he refused and said that my fiancé had to suffer and said that he would call the cops if I am her house (their) house. Is there anyway to petition the court to get them to sign it or make him sign it?
Expert:  J. Warren replied 11 months ago.
Thank you for the additional information. Again I am sorry he is not mature enough to handle the situation. It would be in his best interest to sign the quit claim along with you fiance`s promise the home will be refinanced and he will no longer have liability for the underlying loan. Refinancing is likely the less expensive way to compel him to be removed from the deed. However, it sounds like he would be a burden to doing so in that situation as well.

Regardless, if he is unwilling to be compliant your fiance may bring a contempt action against the ex-spouse to show cause why he has not facilitating the order of dissolution. The county clerk should have forms or some county websites have online forms in which you can download. Here is a link to a sample county (Cobb) contempt form and information: www.portal.cobbcountyga.gov/images/documents/lawlibrary/forms/Contempt/ContemptPacket.pdf. It is possible that the court would effectuate the conveyance by signing deed during the contempt process. Even if the language is not clear, having a hearing may clarify the order and the judge will grant another order compelling the signing of a deed.

She may also try and attempt to file a letter with the court clerk explaining the situation and that the ex is refusing to sign and request an order be issued compelling him to do so. This may or may not work but is worth a try.

Perhaps the mere threat that unless he signs she will have no other choice but to bring a contempt action against him will persuade him to sign.

Police officers are very unlikely to get involved in a civil dispute regarding trespass of an ex-spouse and new spouse living in a home in which he vacated. They may come out once but they will not put up with a sour ex-spouse calling all the time about a situation like this. In addition, the locks may be changed to prevent him from entering without breaking in which could be considered a criminal offense.

I hope this helps and the matter can be resolved without the use of court or further legal fees.

All my best & encouragement.

Please note that you are asked to rate my courtesy and professionalism, and not whether the answer supports your legal position. I only receive credit when rated 3 or higher. If for any reason you feel that a 2 or 1 rating is appropriate, please first give me the opportunity to address your concerns by clicking the "reply" or “continue conversation” tab.

All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you.

J. Warren, Lawyer
Category: Real Estate Law
Satisfied Customers: 1116
Experience: Experience in residential real estate and commercial leases.
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