The house is suppose to be sold soon but the person is not fairly communicating. He is going to get his cut either way but I don’t understand why won’t he just agree to help get this over with he will not sign. Now my other option was to see if his name can be taken off by trying a quit claim deed but he most likely will refuse or again ignore the situation but I am trying to be fair and make sure we both get payed out.
Your attorneuy may file petition to enforce MSA.
Petition may include request that court execute all necessary deeds.
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A quitclaim deed has no effect whatsoever on the mortgage. If you are not careful you could trigger the mortgage's due on sale clause. Having your property go into foreclosure would cause negative economic and other consequences. You really need to retain an experienced CA mortgage foreclosure defense/civil litigation attorney and fast. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for you to think about in discussing your situation with the local attorney.
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It is correct you don't need a quit claim deed instead the other person just needs to sign off on the sale. If he refuses to do such then you can petition the divorce court for an order to sale. You should seek the advice of an AVVO attorney who provides free consultations. If you think this answer is BEST or HELPFUL PLEASE MARK SUCH.
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