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AZDK

Junior Member
I am in Arizona. As part of teh divorce settlement, I was awarded the house. There was a mortgage in joint names but that was never brought up at the time of the divorce.
My ex partner has continuously refused to sign a quit claim deed to the property to enable me to refinace /rent or sell as I wished to.
Now the property is going into pre foreclosure due to me not being able to work and she still will not sign the quit claim deed. Not being from this country I am at a bit of a loss to know where I stand.
Can I go to the courts to require her to do so or can I get them to summarily make a quit claim deed on my behalf as I dont know where she resides currently?
Thanks in advance for any help.
 


Ohiogal

Queen Bee
I am in Arizona. As part of teh divorce settlement, I was awarded the house. There was a mortgage in joint names but that was never brought up at the time of the divorce.
My ex partner has continuously refused to sign a quit claim deed to the property to enable me to refinace /rent or sell as I wished to.
Now the property is going into pre foreclosure due to me not being able to work and she still will not sign the quit claim deed. Not being from this country I am at a bit of a loss to know where I stand.
Can I go to the courts to require her to do so or can I get them to summarily make a quit claim deed on my behalf as I dont know where she resides currently?
Thanks in advance for any help.

Have you attempted to refinance? If so and you were approved, she could have signed the QC deed at closing. She would have been a fool to sign a QC deed and still been on the mortgage. Why should she sign the deed if she is still responsible for the mortgage?
 

Bali Hai

Senior Member
Have you attempted to refinance? If so and you were approved, she could have signed the QC deed at closing. She would have been a fool to sign a QC deed and still been on the mortgage. Why should she sign the deed if she is still responsible for the mortgage?
Because the court ordered her to do so.
 

Bali Hai

Senior Member
No, the court didn't order that she had to remain on the mortgage....nor would the court expect her to sign the quit claim deed prior to a refi or sale.

The expectation of the court resides with the court. That's why we have courts.

AZDK
Junior Member Join Date: Aug 2007
Posts: 1

Need Advice

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I am in Arizona. As part of teh divorce settlement, I was awarded the house.

There was a mortgage in joint names but that was never brought up at the time of the divorce.

My ex partner has continuously refused to sign a quit claim deed to the property to enable me to refinace /rent or sell as I wished to.
Now the property is going into pre foreclosure due to me not being able to work and she still will not sign the quit claim deed. Not being from this country I am at a bit of a loss to know where I stand.
Can I go to the courts to require her to do so or can I get them to summarily make a quit claim deed on my behalf as I dont know where she resides currently?
Thanks in advance for any help.

The expectation of the court resides with the court. That's why we have courts.
 
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AZDK

Junior Member
She actually filed for the divorce and the divorce papers. She chose not to mention it on the papers and waited until my work visa ran out before demanding that I refinanced. Of course, at that point I was unable to.
I was told I could refinance it to be an investment property, but only once it was clear in my name, but that time has now passed.
Indeed as the other poster pointed out, the award for the property was to me and she got her settlement in cash that she then blew, snorted or whatever.

So my question is, can I take her to court for contempt or force her to complete the sale and how do I do that - is it a specific thing I need to ask for?

Currently, after she played the I need compensation for the tax there will be, she is now playing the she needs compensation for the adverse credit hit and throwing out veiled threats.

Thank you for the replies by the way, all are useful, both positive and not so positive :eek:).
 

AZDK

Junior Member
No, the court didn't order that she had to remain on the mortgage....nor would the court expect her to sign the quit claim deed prior to a refi or sale.
Indeed, the court didnt order either way as she didn't include it on the proceedings.
The property however was and I believe associating the two is incorrect. If she had wanted to be taken off the mortgage then I believe she needed to go back to court to get a variance (or whatever legal term it might be here).
 

AZDK

Junior Member
Have you attempted to refinance? If so and you were approved, she could have signed the QC deed at closing. She would have been a fool to sign a QC deed and still been on the mortgage. Why should she sign the deed if she is still responsible for the mortgage?
I did and was turned down, I now have a sale in place and she is refusing to let the sale go ahead.
 

Ohiogal

Queen Bee
Indeed, the court didnt order either way as she didn't include it on the proceedings.
The property however was and I believe associating the two is incorrect. If she had wanted to be taken off the mortgage then I believe she needed to go back to court to get a variance (or whatever legal term it might be here).
Quite frankly it doesn't matter if the court stated that she needed off the mortgage. I bet somewhere in your papers it states something to the effect that the house would be your sole property and responsibility or that you would hold her harmless. You can take her back to court however to force the sale.
 

Bali Hai

Senior Member
Quite frankly it doesn't matter if the court stated that she needed off the mortgage. I bet somewhere in your papers it states something to the effect that the house would be your sole property and responsibility or that you would hold her harmless.

Maybe and maybe not.


You can take her back to court however to force the sale.
Well now isn't that how you should have answered OP firstly?? He has a court order and the ex IS IN CONTEMPT!

Stop treating women who are clearly in contempt of court with kid gloves!
 

Ohiogal

Queen Bee
Well now isn't that how you should have answered OP firstly?? He has a court order and the ex IS IN CONTEMPT!

Stop treating women who are clearly in contempt of court with kid gloves!
Bali do you read my posts? I mean really read them? If so you would see that I do NOT treat women who are clearly in contempt with kid gloves. HOWEVER we do not know that this woman is in contempt. Because we do not know if this man was supposed to take full financial responsibility for this home -- if so then he CANNOT force her to QC the house unless he has done that.
 

dandt

Member
This is SO funny.....the poster is my ex....What he fails to tell you is that he didn't bother showing up for divorce court. I was advised by my attorney to NOT sign a quit claim deed until the refinance was in the works. It never happened as his interview for permanant residency was scheduled with the INS 2 days after the divorce was final. So, he went into hiding. Would you believe that he still wanted me to go to the appointment with him for his green card and lie to MY government.

What he also fails to tell you is that the home is in foreclosure due to his inability to pay for the home now, he is in comtempt. The mortgage hasn't been paid in 5 months. I had to hunt him down to inform him that the house is in foreclosure. Sux when your trying to hide from the federal government. I am not in comtempt! I have abided by all of the terms in the decree.

Now, the real issue at hand is that I have a blemish on my credit. I have looked for this idiot for two years. Thank god I live in a state that has a crazy sheriff that enforces the immigration laws and will pick up illegal immigrants and lock them up and deport them.

This is now going to be on my credit report. And by the way, your comment about me "snorting" the settlement...I don't do drugs and looks like you want to add slander to the mix also. Funny statement comming from a covicted felon who was sentenced to 2 years in prison back in England for tax evasion is now now hiding from the american government. Pack your bags Haydn, sheriff Joe will be knocking on your door soon.
 

dandt

Member
I couldn't serve him**************he's been in hiding, he hasn't lived in that house for 2 years. City had to go board it up and now there is a lien from the city as he hasn't been back because he's here illegally.
 

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