What is the name of your state?Nebraska
I went through a divorce about eight years ago. Two years before that my ex and I had been legally separated at which time it was determined and ordered in the separation agreement that our house, in which we had no equity at the time, would go to me and that my ex was to sign the quit claim deed within thirty days. The divorce decree included the separation agreement. My problem is...it was unfortunately a very ugly and abusive divorce during which my ex refused to sign the quit claim deed claiming that the house was still his. He also refused to comply with several other court orders (paying bills, child support, returning kids after visitation, etc) and has been found in contempt of court for those things already. In my cowardice I did not approach the quit claim issue hoping that some day things would cool down and someday he would be more willing to sign and avoid another contempt hearing. Although he is doing much better about many things, it appears that he is still likely to refuse to sign the deed and I am attempting to sell the house to buy a new one within the next six months. In the past eight years I have done extensive remodeling and now have about 60,000 in equity. I would hate to see him get any of this. Is it possible that the divorce decree and property settlement papers might suffice in this situation? Is this a question for a lawyer or my current mortgage company or the financial institution with which I am applying for my new loan?
Or will I need to take him back to court yet again?
Thank you for any advice!
I went through a divorce about eight years ago. Two years before that my ex and I had been legally separated at which time it was determined and ordered in the separation agreement that our house, in which we had no equity at the time, would go to me and that my ex was to sign the quit claim deed within thirty days. The divorce decree included the separation agreement. My problem is...it was unfortunately a very ugly and abusive divorce during which my ex refused to sign the quit claim deed claiming that the house was still his. He also refused to comply with several other court orders (paying bills, child support, returning kids after visitation, etc) and has been found in contempt of court for those things already. In my cowardice I did not approach the quit claim issue hoping that some day things would cool down and someday he would be more willing to sign and avoid another contempt hearing. Although he is doing much better about many things, it appears that he is still likely to refuse to sign the deed and I am attempting to sell the house to buy a new one within the next six months. In the past eight years I have done extensive remodeling and now have about 60,000 in equity. I would hate to see him get any of this. Is it possible that the divorce decree and property settlement papers might suffice in this situation? Is this a question for a lawyer or my current mortgage company or the financial institution with which I am applying for my new loan?
Or will I need to take him back to court yet again?
Thank you for any advice!