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Removing someone with a quick claim deed? Help please

Posted on: 19th Mar, 2009 08:16 pm
My boyfriend was married in cal., then moved to Al and went to divorced his soon to be ex and found out she was married to another man for the first five years they were here in Al. Well, the state of Al said, they are consider to be common law married and he still has to get a divorce because of the kids and house. Of cousre if he would had know this information he would had left her but he didn't found out until he went to get a copy of their marriage cerf. in Cal and their wasn't one. He then had to get to the courthouse in Al and get a copy of her divorce from her first husband.
She was never on the loan because of her credit but the mortgage company told him because she was" what we thought to be his wife at the time she had to put on the deed"
Now, she wants the house and won't sign a quickclaim deed, is their anything that can be done? His lawyer isn't worth a crap and this is the second one he hired. Please, someone help!
Hi stokess,

As long as she is on the title she has a legal right to the property. She can claim her interest in the property and it is virtually impossible to remove her from the title without her consent. In this situation, what he can do is he can file a partition lawsuit in court whereby the court would intervene and sell off the property to divide its proceeds among the him and his ex.

Thanks,

Jerry
Posted on: 20th Mar, 2009 04:26 am
Thanks Jerry,,
This has been the longest year of my life////... She won't sign the divorce papers and she won't get the home in her name... He has wasted all his money on trying to find a lawyer that was worth a crap. Not sure what to do at this point..
Thanks for all your help,
Stacy
Posted on: 20th Mar, 2009 09:34 am
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