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Divorced but Ex husband name still on Deed

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  • Divorced but Ex husband name still on Deed

    I did my own divorce but my ex husband name is still on the deed to the home I was awarded in the divorce. What paperwork do I need to file with the clerks office to change the deed to only my name.

  • #2
    Re: Divorced but Ex husband name still on Deed

    I wish to inform you that if a change in court order is required then a motion for modification of judgment is required. In case of change in Complaint you may file amended petition.

    AFF

    Comment


    • #3
      Re: Divorced but Ex husband name still on Deed

      [SIZE=2]
      Originally posted by SilenaSmith View Post
      I did my own divorce but my ex husband name is still on the deed to the home I was awarded in the divorce. What paperwork do I need to file with the clerks office to change the deed to only my name.
      ____________

      The simplest option would be to have the ex deed his interest in the home over to you by way of a quitclaim deed. Have you approached him with that proposition?

      Assuming that won't work, let's start with you adding to the thread the precise language in the decree - word for word - by which you claim that the court awarded you the home?

      That wording might suffice to enable you to either record a certified copy of the decree or obtain and record an abstract. I'm not hopefully that it will, inasmuch as you were so poorly represented in court, but let us try.

      If not, you may have to prepare and submit to the judge for signature a "nunc pro tunc order". Which I will explain if necessary.

      Another also, is I'd like to know whether or not there is a mortgage lien on the home.

      And if so, how the decree treated it with respect to assigning responsibility for its payment.
      [/SIZE][SIZE=4][/SIZE]

      Comment


      • #4
        Re: Divorced but Ex husband name still on Deed

        Originally posted by AFFA View Post
        I wish to inform you that if a change in court order is required then a motion for modification of judgment is required. In case of change in Complaint you may file amended petition.

        AFF
        WOW! And double WOW!

        Comment


        • #5
          Re: Divorced but Ex husband name still on Deed

          You can ask your husband to sign a quit claim deed to relinquish his rights to the house. If you were awarded full ownership of the house in your divorce, you will need to ask the court clerk what the requirements are to record the deed. You may need a quit claim deed or it is possible that the signed court order is sufficient enough to change the title. If a quit claim deed is required and he refuses to sign it, you can take your ex-husband back to court for violating the terms of your divorce decree. The court could then hold him in contempt of a court order and he could face the possibility of having to serve jail time.

          Comment


          • #6
            Originally posted by AFFA View Post
            I wish to inform you that if a change in court order is required then a motion for modification of judgment is required. In case of change in Complaint you may file amended petition.

            AFF
            No the court already ordered that I got the house. I just need to know how to get his name off of the title.

            Comment


            • #7
              Originally posted by Sax View Post
              [SIZE=2]

              ___________

              The simplest option would be to have the ex deed his interest in the home over to you by way of a quitclaim deed. Have you approached him with that proposition?

              Assuming that won't work, let's start with you adding to the thread the precise language in the decree - word for word - by which you claim that the court awarded you the home?

              That wording might suffice to enable you to either record a certified copy of the decree or obtain and record an abstract. I'm not hopefully that it will, inasmuch as you were so poorly represented in court, but let us try.

              If not, you may have to prepare and submit to the judge for signature a "nunc pro tunc order". Which I will explain if necessary.

              Another also, is I'd like to know whether or not there is a mortgage lien on the home.

              And if so, how the decree treated it with respect to assigning responsibility for its payment.
              [/SIZE][SIZE=4][/SIZE]

              There is no lein on the home and he won't sign anything because he is just like that

              Comment


              • #8
                Originally posted by Unregistered View Post
                There is no lein on the home and he won't sign anything because he is just like that
                Can I not go to courthouse and just do a transfer or title and use the court decree as his signature?

                Comment


                • #9
                  Originally posted by Sax View Post
                  [SIZE=2]

                  ____________

                  The simplest option would be to have the ex deed his interest in the home over to you by way of a quitclaim deed. Have you approached him with that proposition?

                  Assuming that won't work, let's start with you adding to the thread the precise language in the decree - word for word - by which you claim that the court awarded you the home?

                  That wording might suffice to enable you to either record a certified copy of the decree or obtain and record an abstract. I'm not hopefully that it will, inasmuch as you were so poorly represented in court, but let us try.

                  If not, you may have to prepare and submit to the judge for signature a "nunc pro tunc order". Which I will explain if necessary.

                  Another also, is I'd like to know whether or not there is a mortgage lien on the home.

                  And if so, how the decree treated it with respect to assigning responsibility for its payment.
                  [/SIZE][SIZE=4][/SIZE]

                  The court orders that the wife is awarded the following property as her sole and separate property, and the husband conveys to wife his interest in the property and husband is divested of all right, title, interest and claim in and to that property. Husband is ordered to sign any deeds or documents needed to transfer any property listed below to the wife. Wife is responsible for preparing the documents. Then it lists my home address.

                  Comment


                  • #10
                    Re: Divorced but Ex husband name still on Deed

                    [SIZE=4]
                    Originally posted by Unregistered View Post
                    Can I not go to courthouse and just do a transfer or title and use the court decree as his signature?
                    Are you posting here as "SilenaSmith", the same person that started this thread?

                    If so, why aren't you supplementing under the same user name rather than an "unregistered guest" and
                    creating unnecessary confusion?

                    Assuming that you are the same OP that started this dialogue, the answer to the above question is.

                    Recording a certified copy of the decree or an abstract thereof would only be effective if it contains a specific order expressly conveying to you as your sole and separate property all right, title and interest in the subject real property.

                    PLUS, IT MUST INCLUDE AN ACCURATE LEGAL DESCRIPTION OF THE PROPERTY.

                    Words such as the party's" "home" and/or a street address will not get it!. Get it?

                    If the decree does not expressly set over to you all right, title and interest in the property held by you ex and/or it fails to include an accurate legal description THEN. .

                    As I have indicated before you may need to prepare and submit to the judge an "order nunc pro tunc". Which is Latin for " now for then". Literally meaning "made at the present time to have effect at an earlier date".

                    However the court will not enter a nunc pro tunc order unless the record shows that it will conform to the court's ruling.

                    WHICH is why I have asked without success that you to recite verbatim the pertinent language of the decree!
                    __________

                    Also, please ignore such inanities as seeing a "modification" of the decree - OR, returning to square one and filing another complaint. To suggest either indicates complete ignorance of the subject matter.
                     
                    [/SIZE]

                    Comment


                    • #11
                      Re: Divorced but Ex husband name still on Deed

                      Originally posted by SilenaSmith View Post
                      I did my own divorce but my ex husband name is still on the deed to the home I was awarded in the divorce. What paperwork do I need to file with the clerks office to change the deed to only my name.
                      There is nothing you can do at the clerk's office to get anyone to change the name on the deed. That has to be done by court order.

                      So you will need to make a motion in court, post divorce, for an order for your husband to transfer the property to you per the court's order. Unless you approach him and can get him to do it, voluntarily. His signature needs to be notarized, however, and the deed must contain the property's full legal description. It would best be prepared by an escrow company like a title company.

                      Comment


                      • #12
                        Re: Divorced but Ex husband name still on Deed

                        Originally posted by Unregistered View Post
                        Can I not go to courthouse and just do a transfer or title and use the court decree as his signature?
                        No. You need a deed signed by him to record at the recorder's office.

                        Comment

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