Profile picture for BigRobBurrell

How do I remove my ex wife off of the deed for our home, if she does not want to sign a quitclaim?

In my divorce she was allowed 1yr to refinance the house in her name and was responsible for paying the note and everything else related to the house. During that year it was discovered that she never made any payments and the bank tracked me down. I took her to court to get her out of the house and save the home from foreclosure. Now I want to remove her name from the Title and Deeds of the Home, The Mortgage Loans are in my name Alone and she is just on the Title and Deed. I qualified for a home modification loan and I am looking to remove her completely from the house and pursue the fact of her paying for the back pay of the mortgage when she was responsible for the house...What can I do?? 
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January 06 2012 - Dallas
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Answers (15)

Profile picture for sunnyview
@CindyCin8. I hate to tell you this but selling spells is bad work for you. You're obviously lost my child and sound like a truly worthy person.

I shall do better than a spell, I will give you a mojito to restore your mojo. See all better for free. Thank me later.
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July 09 2013
I pray that she comes to her senses and just moves on without any more trouble.  There are great things in life, she will find, if she would just move on and out.
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July 09 2013
Profile picture for CindyCin8

My situation was hopeless me and my husband was on the verge of divorce. I  was in a awful state and felt that I was not able to cope with life any  longer. I found [Website removed by Zillow moderator.] and my life changed forever. Thank you [Website removed by Zillow moderator. Please see our Good Neighbor Policy.]
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July 09 2013
Profile picture for jonikydd
I feel your pain.
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April 16 2012
It doesn't really matter if she is willing to sign a quitclaim or not since quitclaims are not recognized in Texas for the most part.

Only your ex can give up her interest in the property and she would do this by signing a general or special warranty deed, transferring her interest to you. This deed would be filed of record. This doesn't remove her name from the deed, it only shows that she has transferred all her interest to you. From the sound of this post, that ain't gonna happen without a court directive.  

Your best bet is to talk to a family law attorney to determine your legal options since it appears you ex doesn't want to play ball. You better find the money now to get this handled properly or you'll likely pay a heavier price later.
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January 06 2012
Profile picture for sunnyview
You should be able to go back to court and ask for a court order from the judge that made the original order for her to sign it over. Talking to an attorney would be a good idea to make sure you ask for what you need.

If you want to run this by an attorney, you could try posting on avvo. They will answer a question for free and many attorneys on the site will offer the first 15-30 minuted for free or at half rate on a consult.
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January 06 2012
Profile picture for BigRobBurrell
I actually took her to court without a lawyer when i had her removed her from the house.. and learned a lesson at the same time. I was hoping i could do the same thing with the knowledge i have now and simply consult a Lawyer? I don't have the money to deal with this they way i would like to and can only go about it the best way i can.  I also know that she doesn't either.
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January 06 2012
Profile picture for wetdawgs
Yes, as she hasn't complied with the court's order, then may be most effective to proceed with the same individuals who established the order. 

Sorry you are in this situation. 
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January 06 2012
It sounds like you are either going to spend some money on an attorney or someone slightly less savory.
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January 06 2012
That is incredibly frustrating. I am sorry to hear about your troubles.
Talk to your attorney,please.
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January 06 2012
Profile picture for BigRobBurrell
Thank You for the input, I would suppose that I need to address this with the Divorce Courts Correct?
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January 06 2012
Profile picture for sunnyview
You need to go back to court and ask the judge to draft an order to take her off the house or to compel her to sign the quit claim. If you don't, she will continue to be a problem and it would be better to get the loan modification/new mortgage in your name only to avoid future issues. Call your lawyer or file with the court ASAP. Do not wait.
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January 06 2012

She needs to sign a quit claim deed to remove her name from title. This is a legal issue and it's best that you consult an attorney.

 

Good luck,

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January 06 2012
Profile picture for the_country_hick
I would talk to the judge who made the decision. The judge made a judgement and now this is a legal matter.
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January 06 2012
If she does not want to sign a quit claim deed you would need to take her to court and let a judge decide as to the merits of your case.

This is definitely a legal issue best answered by an attorney.
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January 06 2012
 
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