If I bought a house but my ex-fiance won’t sign the quitclaim deed to take her name off, what can I do?

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If I bought a house but my ex-fiance won’t sign the quitclaim deed to take her name off, what can I do?

I bought a house in June of this year and the mortgage is solely in my name, but the deed was put into my name and the name of my ex-fiance. She has never lived in the home and never moved into the home. She did not contribute to the acquisition of the home in any way financially or otherwise (credit score, income, earnest money, inspection, etc). All the bills for the home are taken care of by me since I have always been the sole occupant. I had a quit claim prepared to get her name off the deed and she refuses to sign it. I was wondering what my options were?

Asked on December 6, 2011 under Real Estate Law, Colorado

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your former fiance' will not sign a quitclaim deed voluntarily to take her name off title to the home that you are occupying, she is entirely within her rights to do so. The reason is that by you placing her name to the home on a recorded instrument, you "gave" her an interest in the home that she is entitled to keep.

You can offer her some money for a quitclaim to the property back to you. You can file a partition action against her where one person buys out the other or the property is ordered sold. I suggest that you consult with a real estate attorney about your situation further and your options.


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