Default Divorce: EX not signing Warranty Deed

[jmm]

What is the name of your state? New Mexico

My sister was recently granted a "Default Divorce" (her ex-husband never responded to any divorce papers, and the Judge signed the decree). She did the divorce paperwork herself since she is financially stretched to meet basic living expenses.

The Default Divorce Decree grants her the house (and mortgage), and orders her ex-husband to sign the property over to her via a Warranty Deed:

WARRANTY DEED​

Respondent is ordered to sign the Warranty Deed for the property located at <snip> and return said document to the Petitioner. The terms of the Warranty Deed are incorporated here by reference.
​

Questions:

1. Her ex-husband is refusing the sign the Warranty Deed. So I believe she has to go back to the judge with a "Motion for Order to Show Cause". I have a "Motion for Order to Show Cause" form that she can fill out asking the court for help, but I'm not sure what to write, and would appreciate some advice:

I am the Petitioner in this case and I request the court to issue an Order to Show Cause for these reasons: the court has ordered the Respondent to sign the Warranty Deed incorporated as part of the Default Divorce decree. The Respondent has refused to sign the Warranty Deed. Petitioner asks the court to find Respondent in contempt and enter a default judgment granting her sole ownership of the property described in the Warranty Deed.​

2. Is the above enough to get the court to grant my sister sole ownership of the property? Or are other documents and legal proceedings needed, and if so, what are they?

3. Should she retain an attorney to help her through this? If so, how much should she expect to pay an attorney in New Mexico?

4. Does she need to have him formally "served" with the Warranty Deed? She has sent it via Certified Mail and also just "Delivery Confirmation".

I greatly appreciate any advice.

Regards,
J

 

[LdiJ]

Generally, someone would be advised NOT to sign the deed unless it was in conjunction with a refinance to remove that party from the mortgage as well.

 

[HomeGuru]

What is the name of your state? New Mexico

My sister was recently granted a "Default Divorce" (her ex-husband never responded to any divorce papers, and the Judge signed the decree). She did the divorce paperwork herself since she is financially stretched to meet basic living expenses.

The Default Divorce Decree grants her the house (and mortgage), and orders her ex-husband to sign the property over to her via a Warranty Deed:

WARRANTY DEED​

Respondent is ordered to sign the Warranty Deed for the property located at <snip> and return said document to the Petitioner. The terms of the Warranty Deed are incorporated here by reference.
​

Questions:

1. Her ex-husband is refusing the sign the Warranty Deed. So I believe she has to go back to the judge with a "Motion for Order to Show Cause". I have a "Motion for Order to Show Cause" form that she can fill out asking the court for help, but I'm not sure what to write, and would appreciate some advice:

I am the Petitioner in this case and I request the court to issue an Order to Show Cause for these reasons: the court has ordered the Respondent to sign the Warranty Deed incorporated as part of the Default Divorce decree. The Respondent has refused to sign the Warranty Deed. Petitioner asks the court to find Respondent in contempt and enter a default judgment granting her sole ownership of the property described in the Warranty Deed.​

2. Is the above enough to get the court to grant my sister sole ownership of the property? Or are other documents and legal proceedings needed, and if so, what are they?

3. Should she retain an attorney to help her through this? If so, how much should she expect to pay an attorney in New Mexico?

4. Does she need to have him formally "served" with the Warranty Deed? She has sent it via Certified Mail and also just "Delivery Confirmation".

I greatly appreciate any advice.

Regards,
J

**A: is there a mortgage on the property? If so the warranty deed would be signed in escrow at the time of mortgage refi.

 

[jmm]

Mortgage / Deed

Hi,

Yes, there is a mortgage on the property, but it isn't in my sisters interest to refinance the mortgage. While it would be in her ex-husband's interest to go through a re-fi, my sister cannot afford it, nor would her ex-husband pay for it. In any case, he has so far ignored all legal proceedings.

Statement of fact: her ex-husband is a scum bag, so I have no intentions of looking out for his interests. He's left her with over $80k in debt, not including a mortgage.

The Judge has ordered him to sign the Warranty Deed and my sister is to continue making the mortgage payments. So I'm still very curious about the answers to my questions?

Regards,
J

 

[HomeGuru]

Hi,

Yes, there is a mortgage on the property, but it isn't in my sisters interest to refinance the mortgage. While it would be in her ex-husband's interest to go through a re-fi, my sister cannot afford it, nor would her ex-husband pay for it. In any case, he has so far ignored all legal proceeding, so it is his problem that she isn't going to re-fi.

The Judge has ordered him to sign the Warranty Deed, where my sister is to continue making the mortgage payments. So I'm still very curious about the answers to my questions?

Regards,
J

**A: something does not sound right. Why would he sign the deed if his mortgage liabilty remains?

 

[jmm]

Her ex- is an idiot...

**A: something does not sound right. Why would he sign the deed if his mortgage liabilty remains?

Because he is an idiot.

The fact remains that the Default Decree of Divorce orders him to sign the Warranty Deed. If he does not sign (like he wouldn't cooperate with the divorce), then what are my sister's options to follow-through with the court's Order?

I want to remove any possibility of a lien being placed on her house due to debt her ex-husband is going to default on. I don't want the house in his name. Furthermore, when it does come time to sell the house, she will need it in her name.

Hope this is clearer?

Regards,
J

 

[HomeGuru]

Because he is an idiot.

The fact remains that the Default Decree of Divorce orders him to sign the Warranty Deed. If he does not sign (like he wouldn't cooperate with the divorce), then what are my sister's options to follow-through with the court's Order?

I want to remove any possibility of a lien being placed on her house due to debt her ex-husband is going to default on. I don't want the house in his name. Furthermore, when it does come time to sell the house, she will need it in her name.

Hope this is clearer?

Regards,
J

**A: yes it is. Have sister see her attorney.

 

[jmm]

Any more advice?

**A: yes it is. Have sister see her attorney.

Yes, I suppose, though I'd still be interested in any insight to my questions since my sister is financially strapped and I am hoping this can be resolved without an attorney.

Ignorant question: since the Judge ordered him to sign the Warranty Deed, and he won't, then wouldn't a "Motion to Show Cause", and hearing with my sister present (because he won't attend), be enough to get a default judgment in her favor? And if so, wouldn't that be enough to take to Records/Deeds to get his name removed from the Deed?

Regards,
J

 

[HomeGuru]

Yes, I suppose, though I'd still be interested in any insight to my questions since my sister is financially strapped and I am hoping this can be resolved without an attorney.

Ignorant question: since the Judge ordered him to sign the Warranty Deed, and he won't, then wouldn't a "Motion to Show Cause", and hearing with my sister present (because he won't attend), be enough to get a default judgment in her favor? And if so, wouldn't that be enough to take to Records/Deeds to get his name removed from the Deed?

Regards,
J

**A: no, it may not be that easy.

 

[Zigner]

The original order was, quite possibly, in error. A re-fi should happen. A judge would quite possibly correct the mistake at a later hearing.

 

[Zigner]

Statement of fact: her ex-husband is a scum bag...

No, that's an opinion.

The Judge has ordered him to sign the Warranty Deed and my sister is to continue making the mortgage payments. So I'm still very curious about the answers to my questions?

Regards,
J

You've received the best answer in this situation. Consult a local attorney. If sis is so strapped for cash, perhaps you could step up and help with the costs? (The costs could be ordered to be paid by the ex)

 

[HomeGuru]

Yes, that is sound advice. A sister helping a sister. What a novel concept.

 

[LdiJ]

The original order was, quite possibly, in error. A re-fi should happen. A judge would quite possibly correct the mistake at a later hearing.

Also, without a refi happening its probably impossible to avoid a lien being placed against the property....which appears to be main concern.

 

[jmm]

Also, without a refi happening its probably impossible to avoid a lien being placed against the property....which appears to be main concern.

Maybe I'm sorely confused, but I don't follow: if my sister makes the mortgage payments, then there is no cause for a lien?

However, if my sister's ex-husband fails to pay debt(s) he owes (I'm not talking about the mortgage since he has never made a payment), then his creditors could seek to place liens on property he owns, such as my sister's house that happens to be in his and her name.

So even though her ex-husband would be wise to demand a re-fi (but he's not wise -- my opinion), keeping the mortgage in my sister's name does not create a greater chance for a lien.

Am I mistaken?

Regards,
J

 

[HomeGuru]

Maybe I'm sorely confused, but I don't follow: if my sister makes the mortgage payments, then there is no cause for a lien?

However, if my sister's ex-husband fails to pay debt(s) he owes (I'm not talking about the mortgage since he has never made a payment), then his creditors could seek to place liens on property he owns, such as my sister's house that happens to be in his and her name.


**A: yes, that is entirely correct as to the final outcome.

**********
So even though her ex-husband would be wise to demand a re-fi (but he's not wise -- my opinion), keeping the mortgage in my sister's name does not create a greater chance for a lien.

Am I mistaken?

**A: yes, you are. The property is exposed to a lien filing regardless.
And I have never seen a divorce decree where the judge adjudicates signing a warranty deed. The instrument is always a Quit Claim deed. Which leads me to believe that this entire fiasco is a big mess.

*********