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Roger, Attorney
Category: Family Law
Satisfied Customers: 31768
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My daughter was ordered in a divorce decree over a year ago,

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My daughter was ordered in a divorce decree over a year ago, to quick-deed her house to her x-husband, who has been paying the mortgage on it for the entire length of the marriage. She has moved to Germany and will not comply. He has sought and found refinancing for the mortgage, but the existing mortgage house will not speak to him and he is to have the refinancing done by Dec. 31. Can you tell me what he could possibly do?

Hi - my name is XXXXX XXXXX I'm a Real Estate litigation attorney. Thanks for your question.


If she will not simply execute a deed as ordered, this can be done, but it will take another lawsuit to accomplish it.


Since she is in another country, this is a difficult situation since her ex-husband can't file a motion for contempt and have the judge force her to sign a deed as required by the divorce decree.


However, her ex-husband could file a petition to quiet and confirm title, naming your daughter as a defendant in the case. This lawsuit would allege that the divorce court ordered her to issue a quitclaim deed, that she has fled the US without executing the deed per the court's order, and that an order should be entered finding her in default and an order should be issued granting him her interest in the house. The court order can be filed in the land records. Also, he can issue a quitclaim deed from himself to himself evidencing the transfer via court order.


If he knows where she is, he can have her served with process for the action. If/when she doesn't respond to the lawsuit, the court can enter an order as discussed above.


If he doesn't know where she is, then he can publish a summons for her in the county and state where the property is located, and when/if she doesn't respond, a default judgment can be entered against her.


Thus, he's going to have to go through a court proceeding to get this matter resolved, but it can be done.

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