HOw can I force my ex wife to get my name off of a building we own? She was supposed to get me quick claim deed papers over a year ago and hasnt until today. Ive asked her to refi a million times and she will not. I need my name OFF of that building so I am not held liable for anything on it. Financially and any other way.
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Ex wife wont do as papers say.
- Thread Starter kattilac1
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It's called a "quit claim".
You get your name off title by quit claiming the property to her. She really doesn't need to do anything for that to happen.
What you really want to do is get your name off the mortgage. For that, you need her to refi. And for that to happen, the bank must be willing to take your name off the mortgage. Banks are (understandably) reluctant to do that.
Assuming you have an order that she refinance in her name alone, if she is not attempting in good faith to do so, she's in contempt and you can file to compel her to try to refinance. But the bank can't be compelled to go along with it.
You get your name off title by quit claiming the property to her. She really doesn't need to do anything for that to happen.
What you really want to do is get your name off the mortgage. For that, you need her to refi. And for that to happen, the bank must be willing to take your name off the mortgage. Banks are (understandably) reluctant to do that.
Assuming you have an order that she refinance in her name alone, if she is not attempting in good faith to do so, she's in contempt and you can file to compel her to try to refinance. But the bank can't be compelled to go along with it.
Thank you
Is there any way I can take part of the building over? I was told by a friend that he thought I could take half the square footage since it is technically my building also. We can split it 50/50? The papers do not force her to refi, just to do the quit claim deed 5 days after divorce, which was over a year ago. We did a quick divorce online as I wanted out asap and I missed alot of what was in there, my fault I know. Can I amend the divorce since I am finding all of these little things that are wrong now?
Is there any way I can take part of the building over? I was told by a friend that he thought I could take half the square footage since it is technically my building also. We can split it 50/50? The papers do not force her to refi, just to do the quit claim deed 5 days after divorce, which was over a year ago. We did a quick divorce online as I wanted out asap and I missed alot of what was in there, my fault I know. Can I amend the divorce since I am finding all of these little things that are wrong now?
You're being ambiguous. Are YOU supposed to have your name removed from title, or is SHE supposed to have her name removed from title?
Whatever she is supposed to have done that she hasn't done, you can file for contempt.
In neither case will you be able to get your name taken off the mortgage without the bank's permission.
Whatever she is supposed to have done that she hasn't done, you can file for contempt.
In neither case will you be able to get your name taken off the mortgage without the bank's permission.
Im sorry. In the decree it states she is to execute quit claim deed to me. To remove my name. She was awareded the business. She had 5 days to get papers done and did not, that was over one year ago. I want nothing to do with her building or business. In the decree it does not say she HAS to refi to get me off financially, but since she has not even done the quit claim, I was wondering if I can move in to that building, or force a sale, or do anything, since she hasnt followed the decree. She will die before she loses her business, so if I can get into the building legally, she will refi that day I know. In order to keep me out and keep her business. My name is on all legal documents to that building, and the mortgage, everything. Clerk of court told me if I file contempt on her, they prob will just get in contact with her, and give her the chance to get the papers done, which is only the quit claim, so that still does not remove me from mortgage. ANd then I lose however much it costs, to have nothing done but quit claim. I was told by another lawyer, that I can get into that building, 50/50 on sq. footage since I am still on that building, we can split it equally, if I get a letter from a judge allowing me access, since she didnt do as decree says. I just need to force her to refi in any way I can so I can get on with my life.
jharris352
New Member
I wish more people would see your comment
Quick, do it yourself divorce is almost ALWAYS bad.
However, if she agreed in the Divorce decree and settlement papers to quit claim the property to you then she must do that or face contempt.
But I agree with the other poster. You aren't being clear. You can't get the building without taking the mortgage. They go together. She isn't going to quit claim to you, and take the mortgage in her name. That just isn't going to happen.
So please explain: Do you want the building out of your name or the financial obligation?
Quick, do it yourself divorce is almost ALWAYS bad.
However, if she agreed in the Divorce decree and settlement papers to quit claim the property to you then she must do that or face contempt.
But I agree with the other poster. You aren't being clear. You can't get the building without taking the mortgage. They go together. She isn't going to quit claim to you, and take the mortgage in her name. That just isn't going to happen.
So please explain: Do you want the building out of your name or the financial obligation?
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