What to do if my ex-wife has not signed over quitclaim deed which was court ordered more than a year ago?
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What to do if my ex-wife has not signed over quitclaim deed which was court ordered more than a year ago?
Divorce agreement states “Within 60 days of this agreement (18 months ago) Wife shall execute a quitclaim deed to husband transferring all interest to husband. Husband shall be responsible forthwith for all bills, liens, and mortgage payments for the marital home.” Can I hold my ex in contempt for not signing the deed, and can I hold her responsible for the property taxes paid since 6 months after the agreement?
Asked on June 28, 2012 under Family Law, Rhode Island
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If there is a court order requiring your former wife to quitclaim to you an interest in real property and she has failed to do so within the stated time period, you should do the following:
1. write her a letter setting forth her failure to abide by a court order to quitclaim to you the real property that you have written about by a set date. Keep a copy of the letter for future use and need.
2. if the date comes and goes for the quitclaim deed transfer, your recourse is to file a petition for an order to show cause for contempt of a court order against your former spouse.
I suggest that you have a family law attorney assist you concerning this petition. As to the property tax issue, since you want title to the home all in your name, I would not push the issue for reimbursement of one half of what you paid with your "ex".
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