Legal Question in Real Estate Law in Arizona
Quit claim, quiet title?
I have property that was purchased by myself with my ex's name on the title. Since then he has gone to prison and I have obtained an annulment. I was awarded the property in the annulment. There was a court order for him to sign a quit claim. He refuses. (He is in prison for a total of 30 years). I now want to sell the property. I have heard of ''Order to show cause'' and ''Quiet title''. What I do not have is an exact plan of action to get this resolved.
2 Answers from Attorneys
Re: Quit claim, quiet title?
Be cautious. Contempt, even civil contempt as opposed to criminal contempt, is not always available to enforce a civil judgment in a domestic relations case.
Of course, I have not been able to review your Decree of Dissolution of Marriage. If you used an attorney in the divorce case speak with that individual immediatelyi f you are comfortable to do so. Otherwise, you may get a free referral to a domestic relations attorney by contacting our office in Mesa, Arizona at 480.835.1500. We do not handle this type of case in our office, but would be glad to assist you with a referral to an affordable and able attorney in the area.
I agree that you will need to get a court order transferring title to the house. Your ex will not cooperate.
Good luck.
James D. Jenkins
Re: Quit claim, quiet title?
You have to ask the court that gave you the order giving you the property to make its order that the court sign the deed, giving you sole ownership of the property. You file an action called "Order to show cause" re Contempt and say to the court that he refuses to comply with the court order, and therefore ask the court to sign the deed for him. (that is a very rough description).
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