Posted on: 28th Jul, 2009 05:00 pm
i got divorced last year and my ex-wife and i filed a chapter 7 bankruptcy before the divorce. the house was included in that bk as we owed way more than it was worth. so in our marriage separation agreement there was no mention of who received rights to the house as we both assumed it would get foreclosed on.
since then i have done a loan modification and got a new loan soley in my name and she is removed from all documentation as i showed the divorce decree and the fact that she no longer lives there.
i was told to do a grant-deed and preliminary change of ownership forms from the title company in ca. my question is what steps do i take if she refuses to sign? what will she be able to do or be responsible for if she doesn't sign it?
[size=9:4bb2a1bfc2][color=red:4bb2a1bfc2][e-mail address deleted as per forum rules. thanks][/color:4bb2a1bfc2][/size:4bb2a1bfc2]
since then i have done a loan modification and got a new loan soley in my name and she is removed from all documentation as i showed the divorce decree and the fact that she no longer lives there.
i was told to do a grant-deed and preliminary change of ownership forms from the title company in ca. my question is what steps do i take if she refuses to sign? what will she be able to do or be responsible for if she doesn't sign it?
[size=9:4bb2a1bfc2][color=red:4bb2a1bfc2][e-mail address deleted as per forum rules. thanks][/color:4bb2a1bfc2][/size:4bb2a1bfc2]
Hi mshetley,
A grant deed will help you in removing her name formally from the property deed and it will certify that she has no ownership rights to the property. If she refuses to sign the grant deed and other forms, then there are chances that he name would be added to the property and she may get ownership rights to it. You may have to take legal help and check out what steps you need to take in case she refuses to sign the grant deed.
Thanks
A grant deed will help you in removing her name formally from the property deed and it will certify that she has no ownership rights to the property. If she refuses to sign the grant deed and other forms, then there are chances that he name would be added to the property and she may get ownership rights to it. You may have to take legal help and check out what steps you need to take in case she refuses to sign the grant deed.
Thanks
Will she be liable for half of the property taxes if she does not sign over the deed?
I need to find out the negatives of her not signing off on the deed so I can convince her to sign off on it w/o taking legal action.
I need to find out the negatives of her not signing off on the deed so I can convince her to sign off on it w/o taking legal action.
and what type of lawyer would I refer this question to? I already asked a real estate lawyer who referred me to a family law lawyer. I asked my divorce lawyer and am waiting on a response.
As a owner of the property, your ex-wife would be liable for the property taxes. She can share half of the property taxes with you. As far as a lawyer is concerned, I think a family law lawyer would be the best person to help you.