How to Transfer Property Located in Another State, Pursuant to a Divorce Judgment
My question involves real estate located in the State of: North Carolina
A Florida court awarded a NC house to me during my divorce as a part of equitable distribution. I want to sell the house an have the final judgment of divorce that awards me the property, but the NC title company refuses to accept the order. How do I get the title in my name?
Re: How to Get North Carolina Property Awarded by Florida Court Transferred
Go back to court seeking the enforcement of the original judgment.
the original judgment should have included an order your ex execute a deed transferring his/her interest to you.
Re: How to Transfer Property Located in Another State, Pursuant to a Divorce Judgment
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An old Texas Boy
I want to sell the house an have the final judgment of divorce that awards me the property, but the NC title company refuses to accept the order.
Was your ex- ordered to prepare a deed conveying his interest in the property to you? If so, why hasn't such a deed been prepared and executed?
Does the judgment contain language allowing it to be registered in lieu of a deed, in the event that your ex- does not deed his interest over to you?
If your ex- has not complied with the terms of the divorce judgment, as adjusterjack suggests, you can take him back to court in Florida on a show cause motion -- asking that he explain to the court why he has not complied with its order, with the potential of being held in contempt of court.
Re: How to Get North Carolina Property Awarded by Florida Court Transferred
Do I go to a Fl court or NC court to seek enforcement?
Re: How to Get North Carolina Property Awarded by Florida Court Transferred
Where was the order entered? It sounds like Florida so you go to THE Florida court you that entered the order.
Re: How to Transfer Property Located in Another State, Pursuant to a Divorce Judgment
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Mr. Knowitall
Was your ex- ordered to prepare a deed conveying his interest in the property to you? If so, why hasn't such a deed been prepared and executed?
Does the judgment contain language allowing it to be registered in lieu of a deed, in the event that your ex- does not deed his interest over to you?
If your ex- has not complied with the terms of the divorce judgment, as adjusterjack suggests, you can take him back to court in Florida on a show cause motion -- asking that he explain to the court why he has not complied with its order, with the potential of being held in contempt of court.
The Judgment does not include an order to prepare a deed. It just states that the property is awarded to me as part of distribution of property. Should I go to a NC court and ask it to recognize the judgment? I thought states had to do that anyway with orders from other states.
Re: How to Transfer Property Located in Another State, Pursuant to a Divorce Judgment
Why not start by asking your ex- to execute a deed. If he says "yes", you can have a deed prepared, have him execute it at a location that is convenient to him -- be it the title company's office, through your hiring a mobile notary, at the office of the lawyer who draft's the deed, or some other convenient location -- and you can avoid court.
Re: How to Transfer Property Located in Another State, Pursuant to a Divorce Judgment
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Quoting
Mr. Knowitall
Why not start by asking your ex- to execute a deed. If he says "yes", you can have a deed prepared, have him execute it at a location that is convenient to him -- be it the title company's office, through your hiring a mobile notary, at the office of the lawyer who draft's the deed, or some other convenient location -- and you can avoid court.
I did that - he demanded $10k! Even though I have paid for and maintained the property for 15 years. Our divorce went to full trial because he contested everything. I just want the simplist way to get this title transferred so I can move on.
Re: How to Transfer Property Located in Another State, Pursuant to a Divorce Judgment
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Quoting
An old Texas Boy
The Judgment does not include an order to prepare a deed. It just states that the property is awarded to me as part of distribution of property. Should I go to a NC court and ask it to recognize the judgment? I thought states had to do that anyway with orders from other states.
The only way you get title transferred is with a deed signed by your ex. And then you record the deed in the county where the property is located.
What does a NC title company have to do with anything?
Apparently you have not even asked your ex for a deed to the property? Why not? Did you not have a lawyer to advise you about how this all works?
Re: How to Transfer Property Located in Another State, Pursuant to a Divorce Judgment
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Quoting
An old Texas Boy
A Florida court awarded a NC house to me during my divorce as a part of equitable distribution.
A Florida court could order your ex- to execute a deed and could potentially hold him in contempt should he fail to obey that order, but a Florida court cannot issue an order that will substitute for a deed in North Carolina. Any Florida order would have to be domesticated in North Carolina.
If your your ex- lives in Florida, it would make sense to consult a lawyer in Florida about taking him to court in that state on a motion to compel him to execute a deed, consistent with the divorce judgment. If he does not live in Florida, it may be better to instead retain a North Carolina lawyer to domesticate the Florida divorce judgment, and to seek relief through a North Carolina court. In the alternative, you might want to consult a real estate lawyer in North Carolina about the possibility of bypassing the family court and instead pursuing a quiet title action. You'll be in a better position to evaluate your options after you speak with a few lawyers, share the details, and have them quote you what they expect their services to cost and how long they expect the process to take.