Ex Wife still on Property Taxes - Louisiana

[dadoogie]

Louisiana is the state.

I received a divorce 5-1-2005. I had the mortgage changed over into my name. I noticed my ex-wife's name still on the invoice for my property taxes. I went to the tax accessor's office and they said I needed to file Community Property in Conveyances. They pulled up my Community Property Agreement on file and printed it for our review. It had all the legal stuff about the parties and being bound by agreement in the top half. The first option reads:

Kyle will immediately take the necessary steps to have the community residences located at XXXX placed solely in his name, and have the name of (ex-wife) removed from the mortgage on said property.

I had her name removed from the property but the accessor's office is saying I didn't take the steps for the property.

What do I need to do to get her off the property? Do I amend the Community property and re-file with the clerk of court? Does that require me to go before the judge again?

Can I just get a piece of paper signed by both us and notorized stating she is giving me the house?

Thanks for any help,

Kyle

 

[garrula lingua]

Kyle,
The Assessor should be using the names as stated on the Deed.

Apparently, you haven't submitted a new Deed.

Get a copy of your current Deed.
Someone (I would hire an attorney) will have to retype the old Deed ("Kyle and wife, Heidi xxx, or similar) , with Wife signing as 'seller' or 'grantor', and putting the property in only your name on the new deed: "Kyle XXX, as a single man.

If Wife won't cooperate in signing the new Deed, then the Family Law court that handled your divorce can order it signed (by Judge, if wife won't).

Deeds can be very complex (and there are many types, with easements and mortgage consequences), and the last thing you need is a cloud on your title, twenty years from now.
It's best to use an attorney for this.

P.S. If you don't correct this, a creditor of your wife's can file a lien against the property for wife's debts.

 

[dadoogie]

The property is still mortgaged. Does this have anything with getting a new deed? I guess I was under the assumption that you cannot change the deed unless you have it because it is paid off.

I guess I get the deed from the clerk of court?

Thanks for your help,

Kyle

 

[mistoffolees]

The property is still mortgaged. Does this have anything with getting a new deed? I guess I was under the assumption that you cannot change the deed unless you have it because it is paid off.

I guess I get the deed from the clerk of court?

Thanks for your help,

Kyle

That is not correct. It is possible to get a new deed without paying off the house. HOWEVER, if your ex's attorney is any good, he will insist that you refinance solely in your name before she signs off on the deed.