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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

  1. 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.

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

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

    I am a former federal and State prosecutor and have been doing criminal defense work for over 17 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

  4. 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.

  5. 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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