Posted on: 11th Nov, 2010 11:31 am
in 2006, my ex signed a quit claim deed and then contested it during the divorce proceedings which he brought to the court. the judge annulled the marriange, returned my name to my maiden name, but reserved final disposition of the property, ordering me to be responsible for complete maintenance, payments and taxes as well as possession of the property.
there have been no motions since the annullment. i quit claimed the property to my maiden name and my son. now we are trying to refinance in order to put a new roof on the place. as it turns out, i did not include the marital status next to my and my ex's names on the original quit claim, and the title insurance is having a problem with that verbage.
can i motion the court to resolve this, as the petitioner (my ex) has fallen into the 'latches' category or failure to prosecute for not following thru with a response to the judge's last order? can the judge order a warrenty deed to me on the property without the signature of the ex? he is in jail somewhere for beating me and fraud charges. even if he could be found, he probably would not sign anything, even if ordered by the court.
there have been no motions since the annullment. i quit claimed the property to my maiden name and my son. now we are trying to refinance in order to put a new roof on the place. as it turns out, i did not include the marital status next to my and my ex's names on the original quit claim, and the title insurance is having a problem with that verbage.
can i motion the court to resolve this, as the petitioner (my ex) has fallen into the 'latches' category or failure to prosecute for not following thru with a response to the judge's last order? can the judge order a warrenty deed to me on the property without the signature of the ex? he is in jail somewhere for beating me and fraud charges. even if he could be found, he probably would not sign anything, even if ordered by the court.
Welcome rorlindanorton,
You can contact an attorney and file a motion in the court to resolve the matter. The court will look into the matter and give its judgment. Unless your ex signs the warranty deed, it may not be considered as valid. It will be the court's discretion as to what type of judgment you'll receive.
You can contact an attorney and file a motion in the court to resolve the matter. The court will look into the matter and give its judgment. Unless your ex signs the warranty deed, it may not be considered as valid. It will be the court's discretion as to what type of judgment you'll receive.