If I was awarded my house in my divorce does my ex still have to sign a quick claim deed in order to be removed?
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If I was awarded my house in my divorce does my ex still have to sign a quick claim deed in order to be removed?
I was awarded my house in our divorce but he’s still listed on the deed and with our city assessors office. I want him removed and the recorders office is saying I have to bring in a quick claim deed to have the information updated. If I was awarded the house I’m not sure why I need to provide one of those and i’m not sure he will sign it now
Asked on May 22, 2019 under Family Law, Iowa
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
The fact is that a divorce is binding only on the parties to it, namely you and your ex-husband. Accordingly, the transfer of the house must be completed the same as any other transfer by any other person. Namely, your ex must convey his share in the property to you via a deed (in this case a quitclaim). Further, he must agree to do so since he is legally bound by the terms of your divorce decree. So if he refuses to execute a deed, then he can be ordered to by the court or face sanctions.
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