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DIVORCE WITH PROPERTY IN EUROPE

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  • DIVORCE WITH PROPERTY IN EUROPE

    I got divorced in Oct 2008 in which an apartment was given to my ex-wife in Portugal. With that the judge wrote on the divorce that my my ex-wife had a total of 120 days to have my name removed from the mortgage and deed, title within those 120 days and also she would be responsible for all costs to have that done. My responsibility was to sign all paperwork needed in order for her to remove my name from everything. She only removed my name from the mortgage and not from the deed, title...being that she is in contempt of a court order am i still able to claim my half of the property being that she did not remove my name from the deed, title? I have complied with signing all paperwork....thank you very much in advance

  • #2
    Re: DIVORCE WITH PROPERTY IN EUROPE

    Originally posted by nuno View Post
    I got divorced in Oct 2008 in which an apartment was given to my ex-wife in Portugal. With that the judge wrote on the divorce that my my ex-wife had a total of 120 days to have my name removed from the mortgage and deed, title within those 120 days and also she would be responsible for all costs to have that done. My responsibility was to sign all paperwork needed in order for her to remove my name from everything. She only removed my name from the mortgage and not from the deed, title...being that she is in contempt of a court order am i still able to claim my half of the property being that she did not remove my name from the deed, title? I have complied with signing all paperwork....thank you very much in advance
    In order to remove your name from the mortgage, your ex-wife should/would have had you sign a quitclaim deed. I'm fairly sure it would have been required in order to allow her to refinance the property.

    In addition, all she would have to do is present a copy of the court order along with a quitclaim deed to sign (in the presence of a notary) in order to enforce her sole ownership.

    Suffice to say, after the judge issued that order, you no longer retained the right to make ANY claims to the property anymore.
    "If it ain't in writing, it never happened."
    "A lack of planning on your part does not constitute an emergency on my part."
    "You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."

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    • #3
      Re: DIVORCE WITH PROPERTY IN EUROPE

      I really dont know if she signed quitclaim deed because she did not tell me that...the only thing that she told me was that she was able to remove my name from the mortgage however she did not remove my name from the deed due to having to pay four thousand euros in order to have the name removed...thank you

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      • #4
        Re: DIVORCE WITH PROPERTY IN EUROPE

        Originally posted by nuno View Post
        I got divorced in Oct 2008 in which an apartment was given to my ex-wife in Portugal. With that the judge wrote on the divorce that my my ex-wife had a total of 120 days to have my name removed from the mortgage and deed, title within those 120 days and also she would be responsible for all costs to have that done. My responsibility was to sign all paperwork needed in order for her to remove my name from everything. She only removed my name from the mortgage and not from the deed, title...being that she is in contempt of a court order am i still able to claim my half of the property being that she did not remove my name from the deed, title? I have complied with signing all paperwork....thank you very much in advance
        Where was the divorce granted? If in the U.S. you need to return to the court with an Order to Show Cause why she should not be held in contempt and to compel her to execute the deed to you.

        No, you cannot claim what the court has already awarded someone else. But you can have her ordered to convey the property to you as the court has already decided be done.

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