Ex-wife never signed quit claim deed and is no where to be found

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Ex-wife never signed quit claim deed and is no where to be found

As part of our divorce decree, my ex-wife was supposed to sign a quitclaim
deed for our house. She never signed it. Her lawyer never gave me any kind of
papers. The divorce was filed Oct. 2, 2018. I had to have a title company draw
up a new quitclaim and I sent it to her via email. Multiple times. She finally said
she would sign it and send it to me in the mail. That was Mid June of this year.
She has since checked herself into a mental hospital in Texas and now left with
no one knowing where she is. How can I get her name off the title to the house I
have been trying to sell for a year now?

Asked on August 27, 2019 under Real Estate Law, Arkansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

You can bring a legal action traditionally called an action "for partition" in your local county court to get a court order that the property be sold: the court can order it without your spouse's consent. You do have to try to properly "serve," or send the papers to her in the proper legal way. There are approved ways you can attempt service even when you don't know where she is, such as "publication" (publishing notices of the lawsuit in appropriate newsapers). It can be tricky, however, to use these alternate means of service, and an action for partition is substantially more complicated than, say, a small claims case or suit to being with. You are strongly advised to retain an attorney to help you.


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