Ex wife wants me to sign quit claim deed concerning house awarded to her in our divorce in King kCounty Wa, five years ago. I called her mortgage company and they told me not to sign it unless she removes me from the title? Now she sent me a Motion for Order Enforcing Decree and wants me to pay 750 legalfees?
Landlord / Tenant Lawyer
And that is the issue with taking legal advice from a mortgage company. The judge, in your divorce, said she gets the house, but you did not do that. So now she has to go ask a judge to make you sign over your interest. She has to have an attorney make sure it is done correctly, because you won't do what the judge said you were to do.
You should consult with your own divorce attorney, of course. But your alternative is to sign the quit claim deed and the real estate excise tax affidavit and save the trip to court and the threat of having to pay fees.
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The decree of Dissolution may say that you will cooperate with her in effectuating the the transfer of the house to her, which would include the execution of a quit claim deed as well as a tax affidavit that must be filed with the county.
The information is for general information purposes only. Nothing stated above should be taken as legal advice for any individual case or situation.
You are required to sign quit claim deed most likely unless other provisions were expressly made in the Decree. Expressly, of course, means, "in writing." If it says, "Husband shall sign quit claim deed and real estate excise tax affidavit," then you are stuck. If the Decree says, "Husband shall sign quit claim deed .... only upon removal of his name from the underlying mortgage," then you have a different story. Scan your Decree language and put that in an email to an attorney for review to give you a definitive answer.