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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
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Experience:  JA Mentor
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wife left property of 8 years, this past February, 2013. I

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wife left property of 8 years, this past February, 2013. I was out of the house, from February 2011 to this past February 2013. I want to sell the house now, but she's on the deed. Is there a case for filing a "quit case deed" in this situation, with abandonment on her part.

The mortgage was re-financed sole in my name in November of 2010. She couldn't qualify, un-be-kn0wn to me because of a hidden $50,000.00 worth of debt.

During the two years I was away, she let the mortgage payments lapse, I have since caught them up. I'm selling the property now!

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear about your situation.

There really aren't any requirements to a quit claim deed. A quit claim simply says "I hereby transfer any interest I have in the property to..." It doesn't even promise that the person has an interest. There are examples online that would show the formatting, but essentially what you're looking for a deed that transfers ownership from John Doe and Jane Doe, as joint tenants, to John Doe. The quit claim would be signed by both of you in front of a notary, so that she cannot later claim that she did not sign it.

With that said, the proceeding whether this would occur is as part of a divorce action. A person cannot sue his spouse during the marriage. Abandonment requires no contact for a period of one year, so it would unfortunately be too early to file on that basis. The no-fault grounds for divorce is that you have lived separate and apart for one year before the divorce is filed. That means that you could file in February for divorce and ask the judge to order that she sign the property over to you at that point.

In the meantime, you could try to negotiate with her to see if you can reach any sort of agreement that would allow the house to be sold. If there is any equity in the property, she is legally entitled to half, so that might help you negotiate.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
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