You can not use a judgment for dissolution to remove someone from a deed. It doesn't work that way. In California a divorce is called a dissolution and a decree of divorce is a judgement of dissolution. Property ownership is a separate issue completely. Since you didn't provide any facts as to what you are trying to accomplish and what kind of property you are referring to or the background as to how the property was acquired and if it was acquired during marriage, it is really impossible to guess as to what your question relates too. Good luck.
This answer is a general answer and should not be considered legal advice. Supplying this information has not created an attorney-client relationship and since this is an open forum there is no attorney client privileged.
If the parties have agreed to transfer of property then yes the court clerk could be authorized, by stipulation, to execute all necessary documents. Also need language in the stipulated judgment that requires both parties to execute all necessary documents to effect the stipulation. Seek legal assistance on this from a family law attorney.
It helps to have the legal description of the property in the judgment. Also, there should be wording in the judgment that states that in the event a party fails to comply with the terms of the judgment or execute documents to comply with the judgment, the clerk of the court can sign in their place. However, keep in mind different courts may have different procedures. In Los Angeles County, the Clerk of the Court (the whole court, not the court-room clerk) usually needs a very specific order (usually from a post-judgment motion) that states each specific form that must be signed or initialed. The often requires several signatures. Talk to a competent local Family Law Attorney. Kevin J Kensik 310-891-2300
If your ex actually refuses to sign the Interspousal Transfer Deed (which is nice because it does not create a taxable event) you will need to file a REQUEST FOR ORDER with the Court, asking for the Court to order the clerk of court to execute the deed on her behalf. Please note: You will need to have the deed prepared in advance when you go to Court.
Please note that the first thing the Court will look for is to see if you did indeed try to procure her signature without judicial intervention. So try sending her a nice letter with the deed enclosed. Don't send it certified because she probably won't sign it; send it via Fed Ex (or similar) without requiring a signature. You can download proof of delivery from Fed Ex's (or similar) web site. One try won't be enough, so make at least two attempts each 10 days apart. Then, if she does not sign you will have ammunition to file your motion.
The second thing the Court will look for is proof of service of the motion. Your post-Judgment motion will need to be personally served on her. And you will want to file a PROOF OF PERSONAL SERVICE.
I have attached links for the REQUEST FOR ORDER and PROOF OF PERSONAL SERVICE below.
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.
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