Asked 12 months ago - Las Vegas, NV
FlagWe own a home together he left myself and children 1yr ago and has not paid one mortage payment nor any child support, I have made all payments can I request the courts to quickclaim home to myself or children.
Courts do not "quitclaim" or make any kind of deeds. If you are unable to persuade the other owner to sign (quitclaim) a deed to yourself, you must file a civil court action for an accounting and partition in the courthouse of the county where the property is located. If you show that the co-owner owes you as much more than the value of his share, the court may make an order allowing you to offset what he owes against his interest. This is an oversimplification and you should consult with an experienced real estate attorney in your locality.
The deed you are referring to is called a "Quit Claim Deed". There is not such thing as a quick claim deed. If you own the home together you cannot take the home unless it is a part of a divorce settlement or a divorce decree entered by a Judge that this takes place . You cant' just go to court and get such a deed. You need an attorney and this is really a domestic relations or divorce attorney question.
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