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

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 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?


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