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Author: Squawk1200 Three stars, 500 posts Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: of 126961  
Subject: Re: quitclaim deed Date: 4/11/2001 5:42 PM
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My ex signed all rights to our home over to me in a property settlement agreement when we divorced. I didn't know I needed a quitclaim deed filed. I have rented the house out, and the renter is wanting an option to buy. I have 17 yrs left on a 30 yr mortgage at 9.5%, and am considering refinancing. I have had to get a small loan to make repairs from the last tenant. My ex has refused to sign any more papers so far. Do I have to have the quitclaim deed or is the property settlement agreement enough?

I doubt you want to hear this, but you really need to speak with a lawyer. Ideally, your settlement agreement was made part of your divorce court's entry of judgment, and, if so, you may be able to see if you can get a Court order compelling him to sign a quitclaim deed. Alternatively (this wouldn't work in my state, but who knows?), the laws in your state may let you "record" your settlement agreement so that it becomes, in effect, a quitclaim deed. Probable worst case scenario, you'll have to bring a new action to quiet title in which your settlement agreement would be Exhibit A. That'll undoubtedly take a while, though. All of this is going to depend on the law in your particular state.

Good Luck

-- Squawk1200

Disclaimer

Yes, I am a lawyer, BUT THIS IS NOT LEGAL ADVICE; it is only general information. NO CLIENT RELATIONSHIP IS INTENDED TO BE CREATED, NOR IS ANY SUCH RELATIONSHIP SO CREATED. FOR SPECIFIC LEGAL ADVICE YOU SHOULD TALK TO A LAWYER LICENSED TO PRACTICE IN YOUR STATE.

(apologies to JAFO for borrowing his disclaimer)
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