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  1. #1
    Join Date
    Feb 2006
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    Minnesota
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    2

    Default Quit Deed after Divorce

    In 1992 I was awarded a time share property in a divorce decree. I need to file a Quit Claim Deed on the property with the county in Utah where the time share is located. I am not able to get the Quit Claim Deed signed by my ex. Is there particular wording that I can use in the Quit Claim Deed to refer to the property being awarded to me in the divorce decree to get around the need for my ex to sign?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
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    28,906

    Default Quit Claim Deed

    You may have to go back to court to get a supplemental order which permits you to register the court judgment in lieu of a quitclaim deed, or to seek to compel your ex- to sign the quitclaim deed.

  3. #3
    Join Date
    Feb 2006
    Location
    Minnesota
    Posts
    2

    Default Legalese

    My divorce decree states:

    In the event the respondent should fail or refuse to execute said quit claim deed, a certified copy of the judgement and decree shall operate as conveyance of title.

    How do I state this in the Quit Claim Deed I need to send to the county?

  4. #4
    Join Date
    Jun 2006
    Posts
    3

    Default Re: Quit Claim Deed

    Quote Quoting aaron
    You may have to go back to court to get a supplemental order which permits you to register the court judgment in lieu of a quitclaim deed, or to seek to compel your ex- to sign the quitclaim deed.
    ***
    I am in a similar situation. My ex and I are listed on the deed of a timeshare. The divorce decree states that the timeshare is awarded to me. However, neither lawyer did a quick deed and I "didn't pay attention". The timeshare is fully paid (by me) and I want to sell it. I do not know where my ex lives or any other whereabouts. A lawyer said that I need HER to sign. I cannot locate her so I am stuck forever? I e-mailed/faxed both laywers involved in the divorce (out of state) but both do not respond. Does anyone have any suggestions or experiences like this?

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Quit Claim Deed

    Depending upon the laws of your state, you may be able to get a court order through the family court which you can file in lieu of a quitclaim deed signed by your ex-. You should also be able to bring an action to "quiet title", although that would likely be more costly.

  6. #6
    Join Date
    Jun 2006
    Posts
    3

    Default Re: Quit Claim Deed

    Quote Quoting aaron
    Depending upon the laws of your state, you may be able to get a court order through the family court which you can file in lieu of a quitclaim deed signed by your ex-. You should also be able to bring an action to "quiet title", although that would likely be more costly.
    Thank you for your reply! I'm a resident of NC, divorce decree is in UT and deed to/location of the timeshare is in FL. I'll assume that FL would be the binding state?

    When you refer to a court order throught the family court (in UT) what exactly would I be filing for, i.e. what is the legal term?

    "Quiet Title" route being more expensive because I have to hire a lawyer? Would that have to be a lawyer in NC, FL or UT?

    Sorry for all the questions. One would think that the divorce decree would suffice to get the name off the deed!

    Thank you.

  7. #7
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Quit Claim Deed

    Start by consulting a lawyer in Florida, as whatever you do would have to be recognized under Florida's laws. Once you have done so, you will know whether it will be necessary (or cheaper) to initially litigate issues in Utah, or whether you can proceed more simply, cheaply, and/or expeditiously through the Florida courts.

  8. #8
    Join Date
    Jun 2006
    Posts
    3

    Default Re: Quit Claim Deed

    Quote Quoting aaron
    Start by consulting a lawyer in Florida, as whatever you do would have to be recognized under Florida's laws. Once you have done so, you will know whether it will be necessary (or cheaper) to initially litigate issues in Utah, or whether you can proceed more simply, cheaply, and/or expeditiously through the Florida courts.
    Thank you!!

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