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How can I remove my ex-wife's name from a deed?

Middletown, NY |

I was divorced several years ago, and the house was awarded to me in the divorce. Her name is still on the deed and she is unwilling to cooperate with me and lives in a foreign nation; what is my best course of action.

Attorney Answers 5

Posted

The removal of your wife's name from the deed should have been effectuated at the time your divorce was finalized. Did you question your attorney as to why such a significant task was not finalized at the time if your divorce? With her not being local you may have a large task on your hands.

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Posted

I did not find out about it until several years after I divorce her when I went to refinance the house. Can you provide assistance on this or direct me to someone that could?

Posted

Contact your attorney. Maybe your final judgment was worded in such a way that it will suffice when recorded in the public records.

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Posted

Speak to your lawyer. You may have to file an action to quiet title.

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Posted

Is her name still on the mortgage? If so, this is most likely the reason she won't sign the house over to you. You don't say what country she's in, but if you bring an action for enforcement of your divorce decree, you will have to have her personally served which is often very difficult when the other person lives out of the country. Consult a local attorney to review your paperwork and go over your options.

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Posted

The judicial mindset seems to trivialize the enforcement of a transfer. If the agreement has too many moving parts, a court may enforce those other parts and ignore the one action that is important to you.

Who are you voting for this November? Good luck.

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