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Quick claim deed never signed by ex-spouse

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justalayman

Senior Member
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.
He has obviously not thought his idea through. It has many many flaws.


Beyond that, OP could not put the property into a trust because the ex is still holding interest. Depending on how title is held OP may be able to put his interest into a trust but to what gain? As trustee (presumably) he allows himself to stay in the property, it is not adverse to the owners intent./ It's a self defeating activity.
 


single317dad

Senior Member
He has obviously not thought his idea through. It has many many flaws.


Beyond that, OP could not put the property into a trust because the ex is still holding interest. Depending on how title is held OP may be able to put his interest into a trust but to what gain? As trustee (presumably) he allows himself to stay in the property, it is not adverse to the owners intent./ It's a self defeating activity.
I don't think I was clear in my original statement. Let me clarify:

-OP creates a trust, and does NOT assign the property to the trust.
-Trust is funded and managed by OP, legal address is the property in question, trust pays all taxes due for 10 years.
-Trust proceeds to court, jumps through necessary hoops, and is eventually issued a new deed in the name of the trust. OP and ex forfeit property to the trust at that time, not before.

I've also seen it done by allowing a relative or trusted friend to live on and manage the property for the statutory period, but in many cases that's not feasible.
 

Bali Hai

Senior Member
I don't think I was clear in my original statement. Let me clarify:

-OP creates a trust, and does NOT assign the property to the trust.
-Trust is funded and managed by OP, legal address is the property in question, trust pays all taxes due for 10 years.
-Trust proceeds to court, jumps through necessary hoops, and is eventually issued a new deed in the name of the trust. OP and ex forfeit property to the trust at that time, not before.

I've also seen it done by allowing a relative or trusted friend to live on and manage the property for the statutory period, but in many cases that's not feasible.
Contempt of court would be much cleaner. They both might be dead in ten years.
 

justalayman

Senior Member
I don't think I was clear in my original statement. Let me clarify:

-OP creates a trust, and does NOT assign the property to the trust.
-Trust is funded and managed by OP, legal address is the property in question, trust pays all taxes due for 10 years.
-Trust proceeds to court, jumps through necessary hoops, and is eventually issued a new deed in the name of the trust. OP and ex forfeit property to the trust at that time, not before.

a trust cannot adversely possess a property because there is no physical manifestation of a trust. It is an intangible entity so the requirement of actual or notorious cannot be fulfilled.


I've also seen it done by allowing a relative or trusted friend to live on and manage the property for the statutory period, but in many cases that's not feasible.
that in is the opposite of adverse possession. ALLOWING. what about adverse do you not understand? Permissive use is one of the simplest methods to frustrate a claim of AP.

want to try again?
 

Bali Hai

Senior Member
a trust cannot adversely possess a property because there is no physical manifestation of a trust. It is an intangible entity so the requirement of actual or notorious cannot be fulfilled.


that in is the opposite of adverse possession. ALLOWING. what about adverse do you not understand? Permissive use is one of the simplest methods to frustrate a claim of AP.

want to try again?
Sounds like a boundry bug to me. I wouldn't want that guy for my neighbor.
 

latigo

Senior Member
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. . . .
Then in that respect and with all due respect, you are totally mistaken.

Because the authority to make a division of marital real property necessarily includes the authority to effect it by formal decree.

A decree and/or an abstract of which can be duly recorded in the appropriate land records.

Similarly to the recording of a decree quieting title to land or an order decreeing title acquired by adverse possession, an order of distribution of land out of probate, etc., etc.

Moreover it is an axiom of law that a court of law has the inherent power to enforce its own orders. Which includes the authority of the court to execute such instruments on behalf of a reluctant or unavailable litigant and as needed to enforce its own orders.

And with regard to your statement, "the OP wants the court to just transfer the property on a motion".

That is precisely the remedy that the OP should pursue!

Provided that is, that the form of the present decree does not adequately describe the real property or is unclear as to the court’s intent, etc. , and thus is not presently acceptable for recording.

In which case he should proceed with a Motion Nunc Pro Tunc requesting that the decree be so revised as to accurately reflect the court’s intentions with regard to its orders of distribution of marital property and be in a form suitable for recording.
 

justalayman

Senior Member
Then in that respect and with all due respect, you are totally mistaken.

Because the authority to make a division of marital real property necessarily includes the authority to effect it by formal decree.

A decree and/or an abstract of which can be duly recorded in the appropriate land records.

Similarly to the recording of a decree quieting title to land or an order decreeing title acquired by adverse possession, an order of distribution of land out of probate, etc., etc.

.
then why has everybody directed a poster to seek enforcement of the order to have one of the parties create and deliver a deed? If it is as simple as this, then why would a court order a party to execute and deliver a deed at all?:eek:
 

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