How can we get my husband’s ex-wife off of the deed to our house?

Get Legal Help Today

 Secured with SHA-256 Encryption

How can we get my husband’s ex-wife off of the deed to our house?

My husband’s ex-wife was ordered to sign a quit claim deed 9 years ago. They thought they had to wait 7 years to get it signed because if he sold the house she would get half of what he got. Now

that they can get it done she won’t sign it and we can’t serve her because we can’t find a good address on her. Is there any way to get her off without signing the quit claim deed?

Asked on April 2, 2019 under Real Estate Law, Arkansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, you do have to bring a legal action against her to enforce the court order (the court can punish her "contempt," such as jail time, if she does not comply); you can't take someone's property interest without a legal action and providing "notice" to them ("serving" them with the papers) so they can defend their rights, if they choose. But most legal systems (such as mine, in NJ) have "alternative" or "constructive" service options for when, despite diligent efforts (which efforts you document and can prove) you cannot normally serve the other side, such as service "by publication" in the appropriate venues and media. 
Hire an experienced AR litigator (attorney who brings lawsuits) to help you: the attorney should be able to determine what, if any, alternative service options you have and how to qualify for and use them.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption