I need to remove my ex from the Property Deed. He is now deceased. I have found the Quit Claim Deed that transferred property to me according to a Divorce Degree. It was not filed and was just discovered in papers by my son after the death of this father. Quit Claim Deed is dated 4/1/1991.

I have recently found the Quit Claim Deed for the home that I have been living in for 27 years. I was awarded the home in a divorce settlement in 1991. The deed was never filed with the Clerk of Court. Is this document still legal? My Ex is deceased.

Read the first "Similar Question".

If it can be proven that he signed it, then you should be able to file it. But since he is deceased, such proof might not be easy.

{Mod note: Duplicate threads merged}

Depending on how the home was titled it may not even matter at this point. The reason being is because the other party has passed.

What is it you are trying to accomplish that is making you ask this question ?

I think it is. His death shouldn't be relevant after the divorce was final. Go down to your local Clerk of Deeds and show them. Whose name is on the bill for property taxes?

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Originally Posted by joypulv

I think it is. His death shouldn't be relevant after the divorce was final. Go down to your local Clerk of Deeds and show them. Whose name is on the bill for property taxes?

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The relevence of his passing comes from the title. In most states the homes are titled so they pass to the surviving spouse. So the claim made before even if invalid due to SOL has almost no bearing at this point. The facts still stand that with his passing by title it goes to the OP.

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Originally Posted by ScottGem

If it can be proven that he signed it, then you should be able to file it. But since he is deceased, such proof might not be easy.

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I fail to see why. Deeds need to be notarized in most states. If so, it should be a piece of cake.