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  1. #1
    Join Date
    Oct 2007
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    2

    Default Do You Still Need A Quit Claim Deed After Filing a Court Order

    My home state is Tennessee.

    My ex and I purchased a home in 1994 and divorced in 1995. In the original divorce decree, the home was to be sold and my ex paid his portion of the equity in the home. He never paid child support and I was afraid at the time to sell the house and be on the street with 3 young kids. He never pushed the sell and I continued to live in the house and pay the mortgage.

    In 1998, I took him to court (for several reasons) and the judge awarded me the home because of the extensive amount of child support owed. Way over the amount of equity in the home. My lawyer told me to take the court order to the county register of deeds to file. This was done and all these years I thought the house was in my name.

    I just applied for a home equity loan and the title company is saying that my lawyer should have made out a Quit Claim Deed for the ex to sign after the judge awarded me the house. My lawyer (at that time) is out of town. My question is----Did my lawyer misinform me about just having to file the court order? Is the house really not just in my name? My ex and I do not get along at all and I will never get him to sign a Quit Claim Deed, the State of Tennessee can't even get him to show up for child support court.

    With 2 teenage boys, my bills are really piling up and I really need this loan...quick. I feel like if I have to go through the process of trying to get him to sign a Quit Claim Deed, this will be drug out for ever! HELP!

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Do You Still Need A Quit Claim Deed After Filing a Court Order

    It is not unusual in many states for a divorce judgment to provide that it can be filed in lieu of a deed, but the preference is normally to get a quit claim deed.

  3. #3
    Join Date
    Oct 2007
    Posts
    2

    Default Re: Do You Still Need A Quit Claim Deed After Filing a Court Order

    Just to let others know in case this situation may come up with them.....it was determined by the Title Company's Lawyer that the Judge's order was all that was needed as long as they used "his" wording and description of the property as he used in the modification order.

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