How can I have my exwife sign a new quit claim deed.

UPDATED: Oct 1, 2022

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How can I have my exwife sign a new quit claim deed.

She signed over her 25 of our condo in 2001. However, the attorney never filed it. I just found this out when I tried to list the property but she’s still on the title. I have an old fax copy of the one she signed and she refuses to sign a new one for me to file. Is there any way I can get her in front of a judge to make her sign a new one. There was no court order for the quit claim deed it was between us that she agreed to it for not paying any mortgage payments or rent for the 8 years she lived there.

Asked on March 11, 2018 under Real Estate Law, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Was there a Stipulation of Settlement that stated this agreement between you?  I surely hope so because then she is in breach and you can sue her for Specific Performance if the deed was misplaced or lost.  I would also check with a Real Esatte attorney about a lost deed and using a copy.  I am not sure that it can be done in your state but it never hurts to ask.  Good luck.

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