I bought my home in 2000, loan applied in my name only, land taxes in my name only. Now divorced and remarried for 10 years wanted to apply for a home equity loan but found out that the EX husband has to sign a quit claim deed which he refused. My divorce decree rewarded the home to me. Does the divorce decree override the trust deed? And if so how do I get my present husbands name on the trust deed and the ex that refuse to sign off the trust deed.

If the property was in your name only, then where did a trust deed come into play? If you have a divorce decree that that awards the property to you, your should be able to get a court to remove his name from whatever deed you have.

Where is this as laws vary by area.

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Originally Posted by womanofblessins

I bought my home in 2000, loan applied in my name only, land taxes in my name only. Now divorced and remarried for 10 years wanted to apply for a home equity loan but found out that the EX husband has to sign a quit claim deed which he refused. My divorce decree rewarded the home to me. Does the divorce decree override the trust deed? And if so how do I get my present husbands name on the trust deed and the ex that refuse to sign off the trust deed.

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A deed of trust (if that's what you mean) is like a mortgage.

Be that as it may, if the court awarded you the home in the divorce, show that to the buyer's attorney or title insurance company. If they won't accept that, you will need to go back to court to get the court to order that it's in your name.

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Originally Posted by ScottGem

If the property was in your name only, then where did a trust deed come into play? If you have a divorce decree that that awards the property to you, your should be able to get a court to remove his name from whatever deed you have.

Where is this as laws vary by area.

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The Mortgage was approved in my name only. Although I was approved for the loan , the ex signed on to the trust deed. The state I live in is Tennessee. A loan originator told me that me and my husband was out of luck and unless we get the ex to agree to sign a quit claim deed he has rights to the house regardless of what the divorce decree states because the trust deed overrides the divorce decree even though it says IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the Complainant shall receive the marital home. God forbid something happen to me, this man that spitefully refuses to sign the quit claim deed after 12 years can just come and take my home from my children and husband?

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Originally Posted by womanofblessins

... God forbid something happen to me, this man that spitefully refuses to sign the quit claim deed after 12 years can just come and take my home from my children and husband?

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No. He can't.

Lenders and their attorneys and insurers tend to be obsessive-compulsive. It's the nature of the business.

As I said, if they insist, you will have to go back to court and either get the judge to order him to sign a quitclaim deed or sign an order that, in effect, constitutes the deed.

I disagree with AK slightly. Yes, if something were to happen to you while his name remains on the deed, then he can claim a share of the property. Your husband would then have to fight this in probate court, hopefully the divorce decree will scotch the claim.

But I agree with AK, that your course of action is to go back to the court that issue the decree and ask the judge to compel him to sign. Or if he he still refuses, to order a new deed.