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Thread: Quick claim deed never signed by ex-spouse

  1. #1
    NorthStar00 is offline Junior Member
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    Quit claim deed never signed by ex-spouse

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

    Three years ago I divorced my ex-spouse. My lawyer at the time was less than thorough. I was actually divorced, living in the same house for over a month without him knowing. I had to call the court to find this out. Anyways my ex-wife according to our signed divorce decree was supposed to sign a quit claim deed removing her ownership of the house. She never did this and moved away to the west coast. She has been contacted by myself and a refinance company to do so however she is ignoring these requests. I know she has a friend that is a paralegal who has attempted to give her legal advice (generally poor) in the past. Is there a way without me using my lawyer to get my divorce decree amended which removes her off the deed, or is there anyway without her signature to remove her from the deed.
    Last edited by NorthStar00; 04-17-2013 at 06:20 PM.
  2. #2
    tranquility is offline Senior Member
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    Quote Originally Posted by NorthStar00 View Post
    What is the name of your state (only U.S. law)? Alabama

    Three years ago I divorced my ex-spouse. My lawyer at the time was less than thorough. I was actually divorced, living in the same house for over a month without him knowing. I had to call the court to find this out. Anyways my ex-wife according to our signed divorce decree was supposed to sign a quick claim deed removing her ownership of the house. She never did this and moved away to the west coast. She has been contacted by myself and a refinance company to do so however she is ignoring these requests. I know she has a friend that is a paralegal who has attempted to give her legal advice (generally poor) in the past. Is there a way without me using my lawyer to get my divorce decree amended which removes her off the deed, or is there anyway without her signature to remove her from the deed.
    Nope. If the court could have done that, why would they demand a *quit* claim deed?
  3. #3
    single317dad is offline Senior Member
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    Quote Originally Posted by NorthStar00 View Post
    What is the name of your state (only U.S. law)? Alabama

    Three years ago I divorced my ex-spouse. My lawyer at the time was less than thorough. I was actually divorced, living in the same house for over a month without him knowing. I had to call the court to find this out. Anyways my ex-wife according to our signed divorce decree was supposed to sign a quit claim deed removing her ownership of the house. She never did this and moved away to the west coast. She has been contacted by myself and a refinance company to do so however she is ignoring these requests. I know she has a friend that is a paralegal who has attempted to give her legal advice (generally poor) in the past. Is there a way without me using my lawyer to get my divorce decree amended which removes her off the deed, or is there anyway without her signature to remove her from the deed.
    One way to eventually remove her from the deed would be via adverse possession ("squatters rights"), however it will take at least 10 years to accomplish that. A wise real estate attorney might have a better idea.

    http://alisondb.legislature.state.al.us/acas/CodeofAlabama/1975/6-5-200.htm
  4. #4
    FlyingRon is offline Senior Member
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    Quote Originally Posted by single317dad View Post
    One way to eventually remove her from the deed would be via adverse possession ("squatters rights"), however it will take at least 10 years to accomplish that. A wise real estate attorney might have a better idea.

    http://alisondb.legislature.state.al.us/acas/CodeofAlabama/1975/6-5-200.htm
    Um, No. None of the three conditions listed as being required will be met by this situation now or in a hundred years.
    Bali Hai likes this.
  5. #5
    Bali Hai is offline Senior Member
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    Quote Originally Posted by NorthStar00 View Post
    What is the name of your state (only U.S. law)? Alabama

    Three years ago I divorced my ex-spouse. My lawyer at the time was less than thorough. I was actually divorced, living in the same house for over a month without him knowing. I had to call the court to find this out. Anyways my ex-wife according to our signed divorce decree was supposed to sign a quit claim deed removing her ownership of the house. She never did this and moved away to the west coast. She has been contacted by myself and a refinance company to do so however she is ignoring these requests. I know she has a friend that is a paralegal who has attempted to give her legal advice (generally poor) in the past. Is there a way without me using my lawyer to get my divorce decree amended which removes her off the deed, or is there anyway without her signature to remove her from the deed.
    She is in contempt of court. File a motion with the court and let the judge decide what to do about this.
  6. #6
    single317dad is offline Senior Member
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    Quote Originally Posted by FlyingRon View Post
    Um, No. None of the three conditions listed as being required will be met by this situation now or in a hundred years.
    Um, Yes. You set up a trust to pay the taxes and after the statute runs you go to court. I've seen it done.
  7. #7
    Bali Hai is offline Senior Member
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    Quote Originally Posted by single317dad View Post
    One way to eventually remove her from the deed would be via adverse possession ("squatters rights"), however it will take at least 10 years to accomplish that. A wise real estate attorney might have a better idea.

    http://alisondb.legislature.state.al.us/acas/CodeofAlabama/1975/6-5-200.htm
    Why should he go through all this when he has legal right to possession NOW?

    BTW, I don't like land stealers, AKA, adverse possession, squatters rights, boundry bugs. The only way to deal with these thieves is to club them over the head with lawsuit after lawsuit.
  8. #8
    single317dad is offline Senior Member
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    Quote Originally Posted by Bali Hai View Post
    BTW, I don't like land stealers, AKA, adverse possession, squatters rights, boundry bugs. The only way to deal with these thieves is to club them over the head with lawsuit after lawsuit.
    Or protect your property in the first place.
  9. #9
    Bali Hai is offline Senior Member
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    Quote Originally Posted by single317dad View Post
    Or protect your property in the first place.
    The property is protected with a survey map, deed and abstract of title.

    Oh, I forgot, boundry bugs can't read.
  10. #10
    latigo is offline Senior Member
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    Quote Originally Posted by tranquility View Post
    Nope. If the court could have done that, why would they demand a *quit* claim deed?
    “If the court could have done that” . . .?

    You surely do not mean to imply that the Alabama Circuit Court lacked authority to decree the division and distribution of marital property including awarding the OP exclusive ownership of the family home. Or do you?

    Are you suggesting that the court could have "demanded" that the ex wife quitclaim her interest in the home to the OP without the court having first found that an equitable division of marital property included awarding her interest in the home to the OP?
  11. #11
    TheGeekess is offline Senior Member
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    Quote Originally Posted by latigo View Post
    “If the court could have done that” . . .?

    You surely do not mean to imply that the Alabama Circuit Court lacked authority to decree the division and distribution of marital property including awarding the OP exclusive ownership of the family home. Or do you?

    Are you suggesting that the court could have "demanded" that the ex wife quitclaim her interest in the home to the OP without the court having first found that an equitable division of marital property included awarding her interest in the home to the OP?
    Alabama is not a community property state.
  12. #12
    tranquility is offline Senior Member
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    Quote Originally Posted by latigo View Post
    “If the court could have done that” . . .?

    You surely do not mean to imply that the Alabama Circuit Court lacked authority to decree the division and distribution of marital property including awarding the OP exclusive ownership of the family home. Or do you?

    Are you suggesting that the court could have "demanded" that the ex wife quitclaim her interest in the home to the OP without the court having first found that an equitable division of marital property included awarding her interest in the home to the OP?
    The only thing I implied is that the court cannot transfer titled land in that proceeding. It required the signature of the ex on the deed. While the court can still, by power of contempt, demand the ex sign; the OP wants the court to just transfer the property on a motion.

    Is that going to happen?
  13. #13
    justalayman is offline Senior Member
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    Quote Originally Posted by latigo View Post
    “If the court could have done that” . . .?

    You surely do not mean to imply that the Alabama Circuit Court lacked authority to decree the division and distribution of marital property including awarding the OP exclusive ownership of the family home. Or do you?

    Are you suggesting that the court could have "demanded" that the ex wife quitclaim her interest in the home to the OP without the court having first found that an equitable division of marital property included awarding her interest in the home to the OP?
    Of course they do but that isn't the question. The question is: can the court circumvent the need for a deed granting one owners interest in the property to another?

    In the long run, I believe they can. It effectively happens in a suit to quiet title.

    so, that begs the question: if the OP filed a suit to quiet title with the proof of sole interest based on the court order, could the court actually enter an order that would in effect give all interest in the property to the OP without requiring the need for the ex to sign a deed?
  14. #14
    justalayman is offline Senior Member
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    Quote Originally Posted by single317dad View Post
    Um, Yes. You set up a trust to pay the taxes and after the statute runs you go to court. I've seen it done.
    How is possession adverse (a requirement of an adverse possession claim) when OP has a right to possession?
  15. #15
    Zigner is offline Senior Member
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    Quote Originally Posted by justalayman View Post
    How is possession adverse (a requirement of an adverse possession claim) when OP has a right to possession?
    I think he thinks that the TRUST with the adverse possession claim. But, what he isn't considering is that the one with the right to possession has then transferred his rights to the trust, thus negating the "adverse" part of it.

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