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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33713
Experience:  15 years real estate, Realtor. Landlord 26 years
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My ex-spouse and I signed a divorce decree where he gave up

Customer Question

My ex-spouse and I signed a divorce decree where he gave up all rights to the house. His name is ***** ***** the mortgage. Can he still claim ownership and try to sell his now 0% share in the house simply because his name is ***** ***** the mortgage while I work on refinancing it?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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Did he sign the deed over to you as part of the divorce property settlement?
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thanks
Barrister
Customer: replied 1 year ago.
No. He signed the divorce papers but did not do a quit claim.
Expert:  Barrister replied 1 year ago.
Ok, if he never signed a quitclaim deed over to you, if he is still on the deed, he could still execute a quitclaim deed over to someone else. But legally he would be conveying nothing because he owns nothing according to the divorce decree.
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So it would be a good idea to file a motion in the divorce court to have the judge order him to sign a deed over to you so that you are reflected in the property records as the sole owner.
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I am not quite sure why this wasn't done as part of the divorce case as this is standard procedure for the person who gets the house to have a quitclaim deed prepared and have the ex sign it at any final dissolution hearing in front of the judge..
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thanks
Barrister

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