What to do if a co-owner refuses to sign a quitclaim deed?
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What to do if a co-owner refuses to sign a quitclaim deed?
I am being offered a home through a lease purchase. The current owners ex-wife lives overseas and refused to sign a quit claim deed or sales contract. Is there a way around her? She has already said she would not come back to the states to go to court.
Asked on March 7, 2011 under Real Estate Law, Florida
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
This often happens in divorce actions, that one party becomes a bit vindictive to the other and tries to thwart a deal. And I certainly hope that first you made sure that you protected yourself and that you took all these agreements to an attorney to review. But if she will not sign any of them - the lease and the other documents later on - then I think that you are stuck and that the co-owner has no choice but to possibly seek legal help with bringing an action for partition of the property to all him to split the property in half which really results in allowing him to sell it. It does nothing for you though.
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