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Hello, 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?
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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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I think your lawyer screwed you, pardon my straight-forwardness. Any lawyer who knows what the heck he/she is doing would have prepared a quitclaim deed to be signed along with the settlement agreement. But that's water under the bridge now.

First thing I would do is call the lawyer who handled your divorce and demand that this be done. Without extra fees. Then your lawyer can call his lawyer who, in turn, can put some pressure on your ex to sign.

If he refuses at this point, you will have no recourse but to go back to court to get the agreement enforced or to get an order that a title company will accept to quiet title. It will be expensive and time-consuming. You might also want to talk to your title company. I can't advise you on insurance plans, but I know there is a way to insure the title company against a title problem and close that way.

Of course, you might be left with the only recourse of sensible action, and that would be to shoot him. Would his heirs sign? (Just kidding . . . )

elizabeth
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