How do I get property in my name after it was awarded to me in a divorce settlement?
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How do I get property in my name after it was awarded to me in a divorce settlement?
I want to refinance my house and property. I need to have my ex sign quit claim deed. The house and property were awarded to me in our divorce settlement last year. However, she has refused to sign a deed. Can I petition the court to remove her using the divorce settlement (signed by her and the judge) and have her name removed from the current loan and deed? If so, how do I proceed?
Asked on February 10, 2012 under Family Law, Michigan
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You cannot have the court remove her. This is up to the lender/servicer and it doesn't necessarily have to abide by a court order to which it was not a party. So the best bet is to take her back to court for being in contempt and see if you can have the order amended to force her to quitclaim property but also make her work with the lender to have it refinanced in your name only. It will be hard so you may try to talk to the lender yourself about what it can do to fast track.
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