Property awarded in absentee divorce

[IsabellaWalling]

What is the name of your state (only U.S. law)? Washington

My husband deserted me and did not show up for divorce proceedings. The court awarded me the house. I am trying to refinance, but the mortgage company says they need a clear title, which I don't have because he was not around to sign a Quit Claim. I have no idea where he is. How do I get clear title?

 

[Ohiogal]

What is the name of your state (only U.S. law)? Washington

My husband deserted me and did not show up for divorce proceedings. The court awarded me the house. I am trying to refinance, but the mortgage company says they need a clear title, which I don't have because he was not around to sign a Quit Claim. I have no idea where he is. How do I get clear title?

Ask the bank if they will accept a COURT ORDER giving you title to the house? If they won't accept your divorce decree ask about the wording necessary.

 

[Ozark_Sophist]

Ask the bank if they will accept a COURT ORDER giving you title to the house? If they won't accept your divorce decree ask about the wording necessary.

I posted at the same time as you, but deleted when I saw yours. My thought was OP might need to file to quiet title. OP has no way of knowing if ex-husband is alive or was alive at time of divorce. His interest may have passed to heirs, etc.

Wouldn't a quiet title be the way for OP to obtain a court order awarding her the house?

 

[Ohiogal]

I posted at the same time as you, but deleted when I saw yours. My thought was OP might need to file to quiet title. OP has no way of knowing if ex-husband is alive or was alive at time of divorce. His interest may have passed to heirs, etc.

Wouldn't a quiet title be the way for OP to obtain a court order awarding her the house?

It depends. And i say that because quiet title may take longer than reviewing her divorce decree and get a court order -- if her divorce decree acts as a transfer of title -- yes sometimes they do -- she may need nothing else except the court order. But I dont' know what hers says.

Quiet title would work though.

 

[IsabellaWalling]

I'm confused. Isn't my divorce decree a court order? I gave the mortgage company a copy of that, but they wanted a Deed filed with the County showing clear title. Can I just write up a Deed and submit it to the County with a copy of my divorce papers? The forms I have seen for both a Warranty Deed and a Deed in Trust indicate a sales transaction.

P.S. I know I put this under both Divorce and Real Estate. I didn't know which it pertained to most in regards to the law.

 

[FlyingRon]

Just showing the divorce paperwork to the mortgage company won't clear the title. You'd have to convince whoever certifies land records to take it as evidence of the court ordered transfer. Did you have a lawyer for this divorce? WHat does he say?

 

[IsabellaWalling]

Did not have a lawyer for divorce. Can't afford a lawyer

 

[LdiJ]

Did not have a lawyer for divorce. Can't afford a lawyer

You really might need a real estate attorney to help you get the deed into just your name.