How can I get a quitclaim deed to our signed over to me if I cannot find my ex-husband?

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How can I get a quitclaim deed to our signed over to me if I cannot find my ex-husband?

I got divorced about 2 years ago and the house was awarded to me. I have continued to pay for the home but now want to sell it. My ex-husband is not responsive and at one time I had to file a restraining order on him. I do not know where he is and he would not sign the deed anyway. What are my options?

Asked on August 11, 2011 Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you cannot find your former husband for him to sign a quitclaim deed to you concerning your former home under a court order as part of your marital dissolution, one way to get complete title to the home in your name is to:

1. go to the court house and obtain a certified copy of the court order from your dissolution and record it on the property assuming the order from the court actually places the property in your name;

2. if the marital dissolution order is not specifc enough to place the entirety of legal title to you home in your name as written, file another motion with the court for an order to be issued by the court where title to the property is in your name alone and that the order is to be recorded with the recorder's office.

This is a way to resolve the problem. I suggest you have a family law layer help you out with this process.

Good luck.


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