Can the spouse who receives the home in the divorce settlement force their ex to sign a quitclaim deed to the property?

Answer 1

If the spouse is awarded the property in the Divorce Decree and it is referenced by the proper legal description, that should suffice and any title company would insure the property as belonging to the awarded party. In the State of Texas, a Quit Claim Deed is NOT a method of conveyance of real property, it is however a method for one to "quit their claim" on property and is used widely for that purpose. Some attorneys will make a Deed part of the divorce proceedings to be sure the document is executed and can be recorded, some attorneys just don't do this extra step. It would be best to have a Warranty Deed signed instead as that is the proper method of conveyance and will cover most any question that may arise on a Title Search. In the case of one party must pay the other party half or part of the value of the property to be sole owner, and Owelty Deed would be signed. It is a common mis-conception that a Quit Claim Deed (often called a Quick Claim Deed) is quicker and cheaper when in fact they cost the same to prepare, and usually the same to record as recording charges are calculated by the number of pages of the document. I didn't not "sign in" to answer this question, but my email address is debisuzi6658@Yahoo.com.

Answer 2

In the United States the only entity that can "force" the transfer of an interest in real property is the court. A person cannot be forced to convey their interest in property by another person. The person who wants to sell would need to bring an action against the person who does not want to sell and obtain a court order. That action is called a partition.

Answer 3

If your ex-spouse conveyed his interest in your property to a third party by a quitclaim deed then you have a new co-owner. You and the other co-owner would be tenants-in-common. If you don't or can't offer to buy the other tenant's interest then he could petition the court to sell the property (partition) and you would each receive one-half of the proceeds.

Answer 4

Generally no, as long as the quitclaim deed and divorce were executed properly. There are two legal principles at play here. First, if your husband executed a quitclaim deed to you then he transferred his interest in the real estate. Second, when two people divorce, there is generally a clause in the separation agreement that each releases any claims it may have against the other. If you have any further questions you should contact the attorney who represented you in the divorce.

Answer 5

The court cannot hold the hand of a party and force them to sign a deed. However, it can issue a court order that transfers the interest of an uncooperative party. Generally, if an ex-spouse refuses to sign their interest over by executing a deed as ordered by the court, the court order can be recorded in the land records and will take the place of the deed. The recording of the order will extinguish the interest of the ex-spouse and perfect title in the co-owner.

In you find yourself in this situation you should consult with an attorney who is familiar with the law in you jurisdiction or an advocate at the court.

Answer 6

That factor must be addressed in the divorce proceeding as part of the property settlement. If your husband will not cooperate then the judge will rule on the division of marital property. It is likely that the court will order the property be sold and the proceeds distributed equally, or, that one spouse buy the other's interest. There are several ways the court could rule so as to be fair to each party. You need to be represented by a good attorney in the negotiations.

Answer 7

Generally, a divorce settlement is incorporated into the divorce decree. A party can be ordered to convey their interest to the other party via the divorce decree. Generally, if they refuse to sign the deed to make that transfer the family court can issue a certified copy of the decree that can be recorded in the land records. It will have the effect of a deed and transfer good title to the property.

Answer 8

Certainly. Take the signed deed to the recorder and record it. However, if you owe a mortgage on it, the bank would have to agree, which they won't without your refinancing the loan.