How to get my soon-to-be-ex to sign a quitclaim deed?

UPDATED: Dec 14, 2011

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How to get my soon-to-be-ex to sign a quitclaim deed?

I am currently going through a uncontested divorce. We have agreed that I will be keeping our real estate. Now my wife is not on the loan but is on the deed. She is refusing to do a quick claim to remove her name from the deed because she wants 1/2 the equity in the home. But we don’t have any; its only 3 years old. Since she is refusing to be removed from the deed, does this hold her liable to any bills in the home? Since she wants to profit regardless if I sell it now or 30 years from now.

Asked on December 14, 2011 under Real Estate Law, Kentucky


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If your wife refuses to sign a quitclaim concerning the real proeprty that you are writing about, is there any equity in it? If not, then there is no reason for her to not to sign the quitclaim deed to the property. If there is equity, then in exchange for the quit claim, she is to get some equalizing amount equal to one half of the equity in the home.

Since you write that there is no equity in the home, I fail to see any reason why she should not sign the quit claim other than she wants to remain on title. If she wishes to remain on title to the property, she would be responsible for one half of its maintenance fees such as property taxes and repairs. I presume that you will remain as the home's occupant.

If you do not have a family law lawyer assisting you, perhaps you might want to consult with one?

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 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.

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