Posted on: 27th Nov, 2009 12:02 pm
my spouse's divorce was final in ohio in 2007, the ex-wife has not removed her name from the deed and we were legally married in new york in 2008-we reside on the property in question and have no way of reaching her how do we handle this and what are the implications of adding my name to the deed if/when she signs a quit claim? thanks
Hi makeyourmark,
If your spouse's ex-wife has got her name on the property title, she has an ownership right to the house. I do not think you can be added to the title without her permission. If you want to take her name off the title, you will have to get a quit claim deed signed by her. If she cannot be traced, your spouse can file a quiet title lawsuit to claim full ownership of the property. If the ex-wife does not come back to claim her rights to the property, the court can give your spouse full title to the property. Consult a real estate attorney tofind out if quiet title will work in your situation.
If your spouse's ex-wife has got her name on the property title, she has an ownership right to the house. I do not think you can be added to the title without her permission. If you want to take her name off the title, you will have to get a quit claim deed signed by her. If she cannot be traced, your spouse can file a quiet title lawsuit to claim full ownership of the property. If the ex-wife does not come back to claim her rights to the property, the court can give your spouse full title to the property. Consult a real estate attorney tofind out if quiet title will work in your situation.