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  1. #1
    Join Date
    Aug 2007
    Posts
    5

    Unhappy Refusal to Sign a Quit Claim Deed

    I have divorce papers signed and registered that state rural property is mine and it is to go to me in full. This was done in 1992. Somehow the quick claim deed was never done. My 'X' is now refusing to sign said document. How can I enforce court order from divorce papers to have her sign a quick claim deed without having to obtain a lawyer? Please help. I have the property for sale and just found this out. This must be done prior to going to escrow. Thanks! California ...

  2. #2

    Default Re: refusal of quick claim deed

    The escrow company is supposed to be neutral, but they need whatever documents required to effect the legal transfer of the property. If you provide them with copies of the divorce documents which prove the property should go to you (which would be a court order, right?), then the escrow company can prepare the QUIT claim deed for her to sign, and ask that she sign it - maybe with a letter stating that she might be liable for damages if she holds up this sale of property through her willful malicious interference. Or perhaps you could ask her divorce attorney to give her a call and advise her that she better comply with the divorce documents.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: refusal of quick claim deed

    Hopefully the suggestions Kandi gave you will work because the next step is heading back into court for the judge to order the transfer (or actually making the transfer himself). I would ask the courts to charge the ex with contempt of court while you are there.

    Now, with that said, i sthere a current mortgage o nthe property? I suspect if she was orderd to QC the property to you, you were ordered to refi the property so only your name was on the mortgage. Did you take care of that, if applicable?

    A person should NEVER sign any deed until they are released from any financial obligation for a property.

  4. #4
    Join Date
    Aug 2007
    Posts
    5

    Question Re: refusal of quick claim deed

    PROPERTY IS PAID IN FULL. WHAT I AM FINDING IS THAT I DO NOT KNOW HOW TO GET AN APPOINTMENT WITH A JUDGE TO PUSH THE CONTEMPT CHARGE AND MAKE HER SIGN THE QUITCLAIM (I HAD IT SPELT WRONG-). THE COURT CLERK WILL NOT TELL YOU WHAT FORMS YOU NEED OR HOW TO PROCEED. I DO NOT FEEL I HAVE TO SPEND ($10,00 FROM 1ST LAWYER) ($450 FROM 2ND ONE!!) TO ENFORCE A DIVORCE DECREE THAT WAS SIGNED BY THE JUDGE AND RECORDED. WHAT IS GOING ON WITH THE COURT SYSTEM WHEN A LAYMEN CANNOT GET AN APPOINTMENT IN FRONT OF THE JUDGE? WHAT IS THE TRICK?? SOMEONE TOLD ME ON LINE THAT I HAD TO HAVE "ORDER TO SHOW CAUSE" TO GET APPOINTMENT WITH COURT CLERK, BUT WHEN I LOOK AT THE FORM, WHICH I CAN DOWNLOAD FOR FREE, IT TAKES AN ATTORNEY TO FILL IT OUT! YIKES! I'M SMART, BUT I'M NOT AN ATTORNEY! HER ATTORNEY WILL NOT EVEN TALK TO ME AS SHE WAS NOT MY LAWYER-I GAVE HER THE EXPENSIVE HOUSE AND TOOK ONLY THE LAND WHICH WAS BOUGHT FOR $8,000. SHE NOW KNOWS HOW MUCH IT IS WORTH WITH THE CABIN I BUILT ON IT (AS HER AND HER HUSBAND DID THE SAME, CLOSE TO MY PROPERTY-THAT'S WHY I WANT OUT)AND REFUSES TO SIGN UNLESS I PUT MY GROWN KIDS DOWN ON THE DEED. THAT IS NOT AN OPTION AND THAT IS NOT WHAT THE COURT DECREE SAID. I AM STUCK BETWEEN A ROCK AND A HARD PLACE!

  5. #5
    Join Date
    Aug 2007
    Posts
    5

    Default Re: refusal of quick claim deed

    Quote Quoting sissyrme
    View Post
    I have divorce papers signed and registered that state rural property is mine and it is to go to me in full. This was done in 1992. Somehow the quick claim deed was never done. My 'X' is now refusing to sign said document. How can I enforce court order from divorce papers to have her sign a quick claim deed without having to obtain a lawyer? Please help. I have the property for sale and just found this out. This must be done prior to going to escrow. Thanks! California ...

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: refusal of quick claim deed

    If somebody has violated a court order, it is normally possible to return to court to seek enforcement of the order.

  7. #7
    Join Date
    Aug 2007
    Posts
    5

    Default Re: refusal of quick claim deed

    Quote Quoting aaron
    View Post
    If somebody has violated a court order, it is normally possible to return to court to seek enforcement of the order.
    DID YOU READ IT ALL? HOW DO YOU ENFORCE WHEN YOU CANNOT GET A DAY IN COURT??

  8. #8
    Join Date
    Aug 2007
    Posts
    5

    Default Re: refusal of quick claim deed

    Did You Read It All? How Do You Enforce When You Cannot Get A Day In Court??

  9. #9
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,094

    Default Re: Refusal to Sign a Quit Claim Deed

    You either hire a attorney who knows how to "file" motions and request that she be held in contempt OR...

    you decide to go Pro Se, and find domestic court rules in your county (usually on their website) and print and complete the forms. You then need to file them with the court and pay those fees.

    You can ask an attorney to file a motion for attorney fees to handle this matter but they are not usually permitted to do domestic matters on contingency.

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