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  1. #1
    Join Date
    Jun 2012
    Lewes, Delaware, United States

    Default Do I Need My Ex-Husband to Sign a Quit Claim Deed or May I File a Quiet Claim Action

    My question involves real estate located in the State of: Delaware
    I divorced my ex-husband 16 years ago. My name remained on the property because he did not wish to sell and he was not able to refinance it into his name alone. He lived at our property and I moved to a different town and became an apartment renter. It was a 15 year mortgage but was paid off a few years early due to the extra payments I made in the beginning of the loan. He lived there until the roof collapsed a few winters ago. Luckily, the loan was satisfied early. The following fall, the State of Delaware sent me a hefty tax bill for this property I own with my ex. It seemed he made zero property tax payments since I had left about 13 years previously. I drove to the property to ask him why and found it was an abandoned mess of an eyesore. I talked with the neighbors to find out what happened. I began to make small property tax payments as I tried to find him. His address was listed with the DMV at the abandoned property. I had a private investigator flag his license for having an incorrect address. But unless he gets stopped I guess that it won't help much. Until he updates his address I have no idea where he is. I spoke to a very nice lawyer who scratched his head some and consulted another lawyer with this issue. That lawyer said that it seemed as if my only option is a quit claim which he must sign. BUT I DON'T KNOW WHERE HE IS! I remain in a situation where I don't know what I can do to remedy the problem. I spend many weekends over there (40 minutes away from where I live) cutting grass and cleaning up the HUGE disgusting piles of trash that had been accumulated by him as he had no trash service ever. This is a huge problem that weighs heavily on me. I would like to resolve it. I don't have lots of extra funds to hire lawyers. So in doing research I have read about something called a quiet claim action. I wonder if this is the answer to this burdensome problem of mine.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Do I Need My Ex-Husband to Sign a Quit Claim Deed or May I File a Quiet Claim Act

    You have indicated no legal basis upon which you could argue that his title ownership is an improper cloud on the title, as opposed to what he received in the divorce judgment. You can bring a lawsuit for partition and sale, if you're both on the title, although that wouldn't entitle you to his share of the proceeds - and that can be expensive and cumbersome.

    Most people aren't as hard to find as you believe - if he's working somewhere, odds are he can be tracked down pretty easily.

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