Posted on: 23rd Feb, 2009 12:23 pm
My husband got divorced and made a "verbal agreement" with his ex-wife that she would sign off of the house in NC when he was ready to sell it. He paid her what she put into the house in cash, and she was supposed to sign off the house when he asked. Well, now she's not cooperating. We mailed her a quick claim deed to sign, and she never did. She has moved, we cannot find her. What do we do now? We have been married for 2 years, and been paying the mortgage for 3 years even though MY name is not on the loan or the title. Just his and hers. How do we get her name off? We want to sell the house and get the equity to put down on a new house in CA. Please help. =(
Hi fitnursemom,
Since her name is still on the title to the property, you need to get a quitclaim deed signed by her to get her name removed from the deed. As long as she is there on the title, she holds a right to the property which cannot be taken away from her unless she willingly gives it up.
Thanks,
Jerry
Since her name is still on the title to the property, you need to get a quitclaim deed signed by her to get her name removed from the deed. As long as she is there on the title, she holds a right to the property which cannot be taken away from her unless she willingly gives it up.
Thanks,
Jerry
Thank you for your response! We tried sending her that to sign, but she just never signed it for us. She has had nothing to do with the house in 3 years, but her name is on the title AND the loan. She has payed nothing for it in over 3 years. Is there any other way to get her off of it if we cannot locate her? We can't even find her now. We need to sell that house in NC because we now live in CA and want to buy a home here. But we need to sell the one in NC first in order to get the equity for a down payment on the one we buy in CA. Any suggestions??
Hi fitnursemom,
If you need to take her of the deed and she cannot be located, you can file a Quiet Title lawsuit inthe court to clear the 'cloud' over your property. In such a lawsuit, notice is given to all the parties concerned through publication. If the court is convinced that there is no one to claim the property, he court will pass a quiet title judgement declaring you as the sole legal owner of he property. I think you should consult a lawyer in this regard to avoid any trouble in future.
Thanks,
Jerry
If you need to take her of the deed and she cannot be located, you can file a Quiet Title lawsuit inthe court to clear the 'cloud' over your property. In such a lawsuit, notice is given to all the parties concerned through publication. If the court is convinced that there is no one to claim the property, he court will pass a quiet title judgement declaring you as the sole legal owner of he property. I think you should consult a lawyer in this regard to avoid any trouble in future.
Thanks,
Jerry
Thank you so much for the info. Getting answers about this problem has been like pulling teeth until now. Thank you for being the light at the end of our tunnel! Hopefully this will work. =)