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Legalease
Legalease, Lawyer
Category: Real Estate Law
Satisfied Customers: 16289
Experience:  13 years experience in RE Law, including LL/Tenant, contractor disputes, comm'l prop. issues
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I received property in divorce settlement, and I can't

Customer Question

I received property in divorce settlement, and I can't contact my ex wife. How do I get it put in my name?
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Legalease replied 10 months ago.

Hello there --

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TYpically you need the other party to sign the property over to you even in a divorce situation. However, if she is refusing to sign or simply dodging your calls, you will have to go back to the family court and file a motion of contempt of court against her for failing to comply with the divorce decree. SHe will then have to appear and the court will force her to sign the paperwork or if she fails to appear after a few attempts you can then ask the court for a court order which puts the property in your name alone as part of the divorce (the court will not do that right away -- you will have to show attempts at filing motions against her and contacting her before they will permit a court order to be used in place of her signature). So, my suggestion here is that you contact the clerk;s office of the family court where you were divorced and ask if they have any forms that you can use for the motion for contempt of court. You then complete the form and serve it at her last known address and is she failed to appear you can start asking the court to issue an order to grant you the property without her signature (by order of the court) -- the court may require a few more attempts to get her into court but in the end you will either get her signature on the documents OR the court will order that the property is yours without such a signature.

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MARY

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