About 5 years ago I filed for divorce & we had a house together in both of our names. When I refi'd the house I assumed her name would be removed from the deed. But when I went to check it, her name is still listed. I am unable to locate her & doubt she would sign anything anyway. The divorce papers does not have anything in it that I saw. I heard of a form called abandonment if I'm unable to find her that I can file to have her removed is this true? Thanks
You will need a court order to remove her from title. You may not prevail. It is not a simple or short process. You will have to file a quiet title action. If your dissolution action is not final, or if the issue regarding the house was reserved, you may be able to handle the matter in family law court through a request for order. Abandonment is generally applicable only to leased property. It is not applicable to ownership of real property secured by a note and deed of trust. Good luck.
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You will need to file a petition in the family law court or file a petition in superior court for quiet title. Not sure what abandonment form you are referencing.
If the family law court still has jurisdiction over your divorce, then you should file a request for order regarding the splitting of the community property that is in the house. You can ask to keep the house, and you may need to pay your ex her share of the community property. Otherwise, you may seek to either quiet title or to bring an action in partition. Both are complicated processes, and will require that you hire an attorney.
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