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  1. #1
    Join Date
    Feb 2019
    Posts
    2

    Default Can You Get Part of an Insurance Payout on Property Awarded to Your Ex-

    My question involves a marriage in the state of Iowa. My divorce decree was issued June 2012. Though my ex-husband was awarded the property I was never requested to sign a quit claim deed. The house burned this past fall and and the property is not worth a whole lot. I have continued to be listed on the title to the property. The ex-husband is trying to sell the property and his real estate agent wants me to sign a quit claim. Do I have to do this 6 1/2 years after the divorce? He collected insurance money on the house after the bank took their share to finish paying off the mortgage on the property. He has not paid property taxes since the loan has been paid as escrow paid the property taxes and without the bank taking care of those payments, he has ignored them. He has missed the last two tax payments on the property.

    Do I have any legal grounds to refuse signing the quit claim deed and possibly pay the property taxes myself to reclaim the property? The ex and I have an adult daughter living in that area and I would love to give the property to her.

  2. #2
    Join Date
    Jul 2018
    Posts
    1,525

    Default Re: Divorce

    Quote Quoting Hop*1
    View Post
    My divorce decree was issued June 2012. Though my ex-husband was awarded the property I was never requested to sign a quit claim deed. The house burned this past fall and and the property is not worth a whole lot. I have continued to be listed on the title to the property. The ex-husband is trying to sell the property and his real estate agent wants me to sign a quit claim. Do I have to do this 6 1/2 years after the divorce?
    Here's a better question: given that, by your own admission, your "ex-husband was awarded the property," why wouldn't you do this?


    Quote Quoting Hop*1
    View Post
    The ex and I have an adult daughter living in that area and I would love to give the property to her.
    Given that, by your own admission, your "ex-husband was awarded the property," how do you figure it's yours to give?

    My guess is that, if you refuse to do this, your ex will file something with the court and request that the court order you to sign a quitclaim deed (or simply enter a decree that extinguishes your interest in the property). Your post gives no reason to believe the court wouldn't grant your ex's request, and it wouldn't surprise me if the court ordered you to pay your ex's attorneys' fees for unreasonably refusing to cooperate.

    You may want to confer with a local family law attorney before deciding how to proceed.

  3. #3
    Join Date
    Oct 2006
    Posts
    15,497

    Default Re: Divorce

    Quote Quoting pg1067
    View Post
    My guess is that, if you refuse to do this, your ex will file something with the court and request that the court order you to sign a quitclaim deed (or simply enter a decree that extinguishes your interest in the property). Your post gives no reason to believe the court wouldn't grant your ex's request, and it would surprise me if the court didn't also order you to pay your ex's attorneys' fees for unreasonably refusing to cooperate.
    The bolded is your biggest risk in refusing to cooperate...and it could be quite an expensive risk.

  4. #4
    Join Date
    Feb 2019
    Posts
    2

    Default Re: Divorce

    I have conferred with an attorney. And of course will comply if I am legally bound to do so. My ex was ordered to do many things in the divorce decree and did not comply with one, including child support. But I will always do what is right and legal, but wanted to make sure of my rights (if I even have any).

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