My wife abandoned me in 2001 I filed for divorce in 2005 I did not know her whereabouts so I had to serve her by publication she did not respond I was awarded the house in the final jugement , how do I remove her name from the property deed. I was told that a quick claim deed is the only way to have her name removed, but I do not know where she is or even how to get in contact with her so having her sign a quick claim deed is not possible. Is there a way I can use the divorce's final judgement to have her name removed from the property deed.. please help
Family Law Attorney
Did the divorce decree provide that the decree will/can be used in lieu of a quit-claim deed? If so, you can record the decree with the property appraiser, thus removing her interest in the home.
Be mindful that removing her name on a deed does not remove her from any mortgages you both may have jointly. The only way to do that is to refinance the home under your name.
Note: The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.
Estate Planning Attorney
In this instance, you may also need to do a "quiet title" action to remove her from title. Try the divorce decree first and see if the judge will issue a claim of title on the house to you, which you can then record as a warranty deed on the home, or else have an attorney begin a quiet title action for you.
Information provided here is anecdotal and should not be relied upon or considered legal advice. Every matter is different and answers given here are general in nature and may not reflect current Florida law at the time you are reading this posting. Please contact an attorney for legal advice concerning your matter.
2 lawyers agree
It may already be done. If the final judgment dissolving marriage awarded the real property solely to you and it has the legal description in it the title is changed. Sometimes however the people in the recording office don't pick up title changes in court orders and the property appraiser and tax
collector are still showing the property in both names. A trip to the property appraiser with a copy of the final judgment can correct this. If no legal in final judgment may have to file a motion to amend the final judgment. If your former wife was required to sign a deed per the final judgment it may be possible to amend the judgment as well to change the title because she has not complied with the judgment.
Answering this question is for educational purposes only and is not intended to establish an attorney client relationship