Quit Claim Deed Necessary ?

Part of my Marital Settlement Agreement (MSA) states: "... the Wife shall execute a quit-claim deed to the Husband". My wife does not want to execute it because it will cost her several hundred dollars in Doc Stamp Fees. She said that she was told that I don't need it as proof of sole ownership -- that the Final Judgement of our divorce and the MSA statement above are enough, since another paragraph entitled Execution of Additional Documents states (in full): "Each party shall execute such documents as may be necessary to effectuate the provisions of this Agreement. In the event either party fails to execute the required documents, then the Final Judgement of Dissolution of Marriage incorporating this Agreement shall operate as a judicial vesting of title by operation of law.". Is she correct, or should I take her back to court? (I live in Florida.)

[HomeGuru]

Originally posted by Teufelhunden
Part of my Marital Settlement Agreement (MSA) states: "... the Wife shall execute a quit-claim deed to the Husband". My wife does not want to execute it because it will cost her several hundred dollars in Doc Stamp Fees. She said that she was told that I don't need it as proof of sole ownership -- that the Final Judgement of our divorce and the MSA statement above are enough, since another paragraph entitled Execution of Additional Documents states (in full): "Each party shall execute such documents as may be necessary to effectuate the provisions of this Agreement. In the event either party fails to execute the required documents, then the Final Judgement of Dissolution of Marriage incorporating this Agreement shall operate as a judicial vesting of title by operation of law.". Is she correct, or should I take her back to court? (I live in Florida.)

**A: you are correct. The MSA already gives the directive and if she does not execute the deed, she will continue to be on title. The MSA and Final Judgement is not enough.

So, I cannot sell the house with the Final Judgement and the MSA wording? To be clear -- you're saying I would "have" to have a quit claim deed to sell the house?

[HomeGuru]

Originally posted by Teufelhunden
So, I cannot sell the house with the Final Judgement and the MSA wording? To be clear -- you're saying I would "have" to have a quit claim deed to sell the house?

**A: no, you would have to have title soley in your name in order to sell.
For clarification purposes, there are 2 ways to get the deed in your name.
1. by having ex comply and sign a Quit Claim Deed.
2. by you taking ex to court and enforcing the Final Judgement and MSA. Based on the language in those documents, if ex refuses to sign the deed, it would be very easy to have Court adjudication such that you get a new deed only in your name per the directive of the Court.

Double check with a title company. If a title company can give you a new deed backed by title insurance, based on the documents you currently have, then you can avoid #1 and 2 above.