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pabrooks · Dec 29, 2006, 06:44 AM

My ex had me sign papers that said he signed a quit claim deed in 2001. If I got a copy I can not find it (but I don't think I got a copy). I went to the court house to find out why my ex was still on the property tax bill. Come to find out that the quit claim deed was never filed. On October 25, 2001 my ex stopped paying the mortgage, taxes, and insurance. Now he will not sign the quit deed he is saying he has interest in the house. What do I do now.

ScottGem · Dec 29, 2006, 06:53 AM

What did your divorce settlement say? It should have have stated you got the house as part of the divorce. You can use that to force him off the deed.

By the way it's a quit claim deed. It means that someone relinquishes (quits) their claim to a property.

pabrooks · Dec 29, 2006, 07:11 AM

Thank you for letting me know that it is a quit claim deed this is all new to me.
But yes it was in the modification of a Final Judgment. I went to the attorney that did my divorce. He now wants to charge me big bucks to get this taken care of.

Fr_Chuck · Dec 29, 2006, 08:05 AM

Ok, if the court ordered him to sign it over, then you can take him back to court to make the court order him to do it.

But unless you find a copy of the deed he signed over to you, and have it filed, the original deed on file is the legal one by the courts viewpoints.

pabrooks · Dec 29, 2006, 08:40 AM

Thanks for your input. Do you think there will be any problem getting this done by a judge if it is in the modification of the final judgment?

ScottGem · Dec 29, 2006, 09:06 AM

Go back to the same court that issued the divorce. Talk to the court clerk, they should advise you. Basically you will have to file a petition to enforce the divorce agreement. The court will issue an order for him to do so or a summons to a hearing. If there is a hearing, you should have a deed prepared for him to sign.

Cvillecpm · Dec 29, 2006, 09:20 AM

YOU should have recorded the quit claim deed at the time it was provided to you. You would not have signed the deed - your ex would have signed and given the paperwork to you to deliver to the clerks office.

At this point, you don't have an interest in the property and need to get an attorney to review what you do have as well as your divorce document. It may be as simple as having a hearing before a judge to determine that your name should be on the title... then you have the issue of the deliquent mortgage, etc.

pabrooks · Dec 29, 2006, 10:28 AM

Cvillecpm,
I am on the deed it is my ex that did a modification of a final judgment in October 2001.
It reads like this;
1 Modification: A final judgment was entered in this cause in July 30, 1999 wherein support was established. Since that time, both parties agree that there has occurred a substantial change in circumstances which warrants a modification of the aforementioned judgment.
2 Support: The father's support obligations have been satisfied.
3 Real Property: the parties own the following real property xxxxxxxxxxxxxxxxxxxxxx
With this agreement Husband has delivered and the Wife acknowledges receipt of a quitclaim deed conveying his interest in the property to her subject the following;
1 I assume the existing mortgage and hold the husband harmless form any liability on it.
2 I shall pay all taxes and insurance for the current and succeeding years
So on and so on. (I have made and paid off the mortgage, paid all taxes and insurance).
I can not find the quit deed so I went to the court house and that is when I found out that it was never filed.

ScottGem · Dec 29, 2006, 12:51 PM

Cville is right that YOU should have registered the deed when your ex gave it to you. But, with that divorce modification you should be able to get a new quit claim deed signed so you can register it.

pabrooks · Dec 29, 2006, 01:14 PM

Scott,
Thank you. I know I should have registered the deed but I don't ever remember getting it. I was so young, dumb, working 3 jobs to pay the bills, and just wanted to get away from my ex-husband. I appreciate all the help on here and I will get this all taking care of. All of you are fantastic!

ScottGem · Dec 29, 2006, 01:17 PM

Glad to help. Keep us posted.