How to get my ex-wife’s name off of a deed?

I have been divorced for 20 years. My ex-wife lived in this house for less than 1 year right after we purchased it. I just discovered her name is still on the deed. According to the divorce decree I was to live in the house and have it up for sale, which I did, but it didn’t sell. Many years have now passed. The divorce decree also states that she is responsible for half any major repairs made on this house. If she will not sign the quit claim deed now I want to take her to court and hold her responsible for those repairs. I had water damage and needed to replace floors and walls and had to have a new roof put on. I doubt she will want to pay court fees and I am hoping that this will deter her from refusing to sign the quit claim.

Asked on September 12, 2012 under Real Estate Law, Indiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You need to carefully read the marital dissolution decree with your "ex" to see if she remains on title to the property or not. If the decree is that she and you are to retain joint ownership of the home you shared, then you cannot force your former wife to give up title to the home.

I suggest that you consult with a family law attorney about your matter. If she will not make the repairs needed to the unit you own presently, then you can file a petition with the court for and order to show cause regarding contempt of the marital dissolution decree and seek an order from the court that she pay half of the costs of repairs needed for the home.


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