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  1. #1
    Join Date
    Sep 2015
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    Default Ex Won't Sign Quit Claim Deed and Keeps Moving to Different States

    My question involves a divorce in the state of: New York
    My ex and I signed and agreed to a Marriage Separation Agreement where he would sign a quit claim deed (I have always had the mortgage during the marriage) and have been divorced for a year. He has received several copies of the claim and never signs them. He keeps moving to different states - he is now in the state of Washington. I just found out that he is actually employed there. Can I have a sheriff in the county he resides in serve him the quit claim deed and have him enforce the signature? I was told that a sheriff could do that in NY, when he was living here, but then he moved out of state. Having the quit claim signature enforced is cheaper than hiring a lawyer to request that the county court in NY enforce the transfer, which is why I'm asking.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Ex Won't Sign Quit Claim Deed and Keeps Moving to Different States

    Does your divorce judgment not provide for the possibility that your ex- might refuse to sign? A judgment may contain a provision, for example, allowing that the judgment be recorded in lieu of a quit claim deed in the event that a party does not cooperate.

    You can get your ex- served with legal papers in another state, but if you want more than that you're going to need a court order from that other state -- and if in fact a New York court would authorize a deputy to somehow compel a party to sign a quit claim deed, issues of notarization aside, that would be a practice you're not likely to see followed by other states.

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