Any real estate lawyers?

[Mr_Wizard]

I am trying to sell my current home but my ex is still on the deed. It is in the divorce papers that she quit claims all rights to the property and that I am now the sole individual responsible for any outstanding debt regarding the property. Bad on me for not ensuring the quit claim paperwork was completed. I have been trying to get in touch with her to verify her address so my lawyer can send this to no avail.

Do i have any legal recourse if she refuses to comply with the quitclaim?

[Scooter]

Not sure in North Carolina, but you might try contacting the title company you are using for the sale and see if they can file a "corrective deed" at the time of sale, without causing a cloud on title. The corrective deed may correct the names on title, provided you include an explanation and a copy of the court order.

I am not providing legal advise here, just throwing out ideas.

[MRM]

Yes, and it's not too onerous, although the easiest way to do it will require a layer to do it for you, and that will cost something, although it's not a difficult task to accomplish.

Obviously the easiest way to resolve the issue is to track down the ex and sweet talk her into signing the quit claim deed so you're done with it. As an alternative, although not a good one, you could have her sign the sales documents. This is just as good from a legal perspective, but not as good from a practical perspective, because she could promise to sign the docs, you could go ahead with the closing, and she could back out at the last minute and refuse to sign. So really what you want from her, if she's willing to cooperate with you, is for her to just sign a quit claim deed that you can file with the county. Call her, send her a nice letter, whatever. Remind her that it is her responsibility from the original settlement; it's not a new obligation, and to sign the deed without a fuss is both the right thing to do and would be a classy act, but it is her legal obligation and the honest way to deal with you. If she blows you off, tell her you'll ask the court to order her to do it, but that would be a hassle and cost money, and you would appreciate her not making you do that.

Should that not work, there is a more or less easy way to deal with it in court. You simply go back to the court that issued the original divorce decree and bring a motion. Two motions come to mind. First, you could ask the court to order her to sign the document by a certain day. She's likely to comply with that order, and you could probably bring that motion informally.

Or, if she's unreachable or out of the jursidiction of the divorce court, you can bring a motion asking that the court enter a quit claim deed in your favor on the ex's behalf. The court can direct the quit claim deed be entered in your favor on its own authority since it was already part of the property settlement. This motion would be similar to a motion to enforce a settlement agreement.

You might be able to bring the motion informally yourself. But it will be a lot easier to have your lawyer do it. Go back to the lawyer that handled your divorce and see if he can handle it quickly and cheaply. If not, come back here and I'll give you some more ideas. In the mean time, sweet talk the ex. Or, alternatively, promis her that you'll never darken her doorway again. Depending on your relationship with her.

[Mr_Wizard]

She finally contacted me regarding this. All is good. Thanks for the info