How canI have my ex-husband removed from the warranty deed to the house?
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How canI have my ex-husband removed from the warranty deed to the house?
I am having a horrible time getting straight answers on getting my ex-husband off the title. I was granted the property fee simple title by the judge in the final decree, but it seems the court wants a quit claim deed to remove his name from the existing deed. Shouldn’t the decree override that? Also, they keep telling me to notify the property apprasier’s office. I did that and all they deal with is the taxes, not the title. What am I to do to get his name off so I don’t have problems later? We aren’t on good terms and I had to take him back to court just to get him to sign the letter of authorization that bank requires to do a loan assumption. The magistrate said it didn’t say anything in the decree that he didn’t have to sign anything.
Asked on July 20, 2011 Florida
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
One way to possibly get the name of your former husband off the title of the property is to have him sign a quit claim deed to the proerty before a notary public and you then record it with the county recorder's office. If he is unwilling to do this, you can then file a petition on your divorce action requesting that the court order your ex-husband to sign a quit claim to the proeprty in a certain period of time and give it to you for recording.
If the former husband refuses, you can have the court issue an order stating that the property is solely to be in your name if that is decided in a later hearing on the issue. Are you living in the home and paying all costs associated with it?. If the court decides that you are the property's sole owner, you get a certified copy of the order from the judge and record the order on the property.
By doing this, your husband's name would be off legal title to the property. It sounds that the court has not made a clear decision regarding the divorce as to how legal title needs to be held in the property you are writing about.
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