Ok, my fiance's ex-wife won't sign a quit claim deed so he can refinance. She's so stupid to think that's the way to get back at him for the divorce and she doesn't realize that this releases her from the debt.
My question is, is there any recourse for him to make her sign. He was awarded the home and the mortgage and she walked away, during the divorce. It states in the decree that she has to sign.
Can he refinance without a quit claim?
Does he have to take her to court?
Thanks,
Lan

Oh and also... I forgot to mention that he paid her for half of the equity in the home.

How did they take the property as joint tenants or tenants in common? What state?

Joint I think... Utah.

He should have never given her any money without her signature. He can go back to the court and have them issue an order for her to sign, if she defies the order, the judge can put her in jail for contempt.

He can try taking the divorce decree showing he gets the house to the county clerk and seeing if they will amend the deed, but they may not.

Its unlikely the bank will refi with her name still on the deed.

He should have had her sign the quitclaim at the time the money was paid to her.

No refinance is going to happen while she is still on the paperwork.

I agree with Scottgem.

Rats!! He's a retired sheriff!! You think he would know better lol! Thanks for the help. He thought that a court document was just to be obeyed. It's what he did for pete's sake. She signed the decree and he thought that was all he needed... ohhh just thought of something... he couldn't ask for quit claim till his pay off to her was complete, which was couple of months ago. That's in the decree... ( I guess in case he died or something however that works)

Like I said, when he was making the final payment, he should have met with her with a quit claim deed in one hand and the check in the other.

A court order is to be obeyed, but obesience has to be enforced. A person can refuse to obey, but if they do there are consequences. People can be put in jail for contempt of court. If he's a retired sheriff, I'm srprised he doesn't get someone from the department to go to her and say sign this or put on the handcuffs.

Hahaha... I wish! She moved to a different area now. I think she's just being stubborn. And she certainly doesn't like this little red head lol!
I just hoped there was a way to go about this without worrying about her at all... you know like a judicial decree or something like that.
Thanks again,
Lan

A real estate attorney would be your best bet. I don't think a partition suit will work if they are joint tenants. (Sorry I'm not more help - I'm still a rookie with the finer details of real estate.)

You can still get a local sheriff to serve her with the papers. But I would suggest he start with his divorce attorney. Its possible a writ can be issued amending the deed based on the divorce decree.

LOL... yep that's why I'm here to get the answers... can't get any if you don't ask... hmmm that should be my quote LOL. Thanks again for all the advice friends... I will pass it all on to the future hubby.
Lan

Thanks again Scott!! I think that would be useful info... since he knows someone in about every county in the state.
Lan

Ya know, I just got to say something... My beau is a John Wayne type of character... he's a straight shooter, and when he got his divorce, he thought that no one (especially someone he spent 24 years with) would not comply with the law. This has been very hard. We want to get married, but if there's financial yuck to be had, he doesn't want me to be involved. Kind of sad and cool ain't it? Anyway Thanks for listening to this little red-head.
Lan

Quote:

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Originally Posted by Lanlee

he thought that noone (especially someone he spent 24 years with) would not comply with the law.

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You know I really find that hard to believe. I would think someone in law enforcement would be the first to understand that people will disobey the law whenever they think they can get away with it. How many drivers obey the speed limit? How many people jaywalk? Not to mention burglaries, murder, etc. Even the President seems to think he can break the law when it suits him.

Awww... so sorry to hear that you feel that way. That's sad that you are so disillusioned about the people that you loved. He loved her and respected her till the love went away. He has since learned that people that he thought were as straight as he was weren't so straight. Yes he dealt with loosers, but they weren't the people he dealt with personally. His personal friends have never crossed those lines. NEVER! So maybe he was disillusioned too.

Yo dude... I just gave you a great review. I am not trying to pick any fights... I was just trying to tell you that my guy is just awesome. His wife has expressed great regret for letting him go. I know that's why this is happening. Please don't take any offense. Just let this go hon.
Lan

Hey just an update. Took some advice and we got the gal to sign. Thanks again for all the help.
Lan

Thanks for the update, glad its all straightened out.