My ex-husband has yet to sign over the deed of the home to me as he was supposed to, what course of action can I take?

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My ex-husband has yet to sign over the deed of the home to me as he was supposed to, what course of action can I take?

We got divorced on the 9th of last month and the court ruled my ex-husband had to sign over the deed of the house to me within 14 days. He has yet to provide documentation to me and it’s now been 20 days. What can I legally do to get this paperwork or do I have to wait and hope hell eventually send me the deed? I’ve contacted the deed office and they say since hes the sole name as the owner, he has to willingly sign over the house – regardless that I can provide proof documents from the judge stating that the house needs to be turned over to me within 14 days.

Asked on September 9, 2019 under Family Law, Kansas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You can pursue contempt of court against your ex for failure to comply with the court order. You will need to file with the court an Order to Show Cause for a hearing. Call the court clerk to schedule the hearing. Include the date/time/department on your Order to Show Cause. Also file your declaration signed under penalty of perjury stating the facts in support of your contempt of court claim. File any additional supporting documents, evidence, etc. File a proof of service (court form). File your documents with the court and mail a copy to your ex to give him notice of the hearing. The proof of service verifies the date of mailing.
Prior to filing your documents with the court, ask the court clerk if any additional documents are required to file for contempt of court because the required documents may vary from state to state.


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