Legal Question in Real Estate Law in Arizona

X-wife will not sign Quit Claim - what can I do?

Divorce is finalized. House and all assets within goto me. She is entitled to nothing. I have contacted her several times to sign a quit claim and she is not responding to my voice mails or emails. My lender is being incredibly patient while Im trying to work this out. Is there any other way around refinancing and getting her off the title? Cant a certified divorce decree work??


Asked on 9/11/05, 6:10 pm

2 Answers from Attorneys

Eric Chester Law Office of Eric S. Chester

Re: X-wife will not sign Quit Claim - what can I do?

If the divorce Decree awards you the property and includes the legal description (Ex: Lot 1, Smith Estates, according to the plat of record in the office of the Maricopa County Recorder in Book X, page Y), then you can record a certified copy of the Decree and it will be as good as a Deed signed by the ex-wife. If the Decree does not set out the legal description, then you must either get her to sign a Quit Claim Deed or you can file a Petition to enforce the Decree in the divorce action requesting the Court to order her to sign the Deed or order that a Deed be signed by the Court Clerk pursuant to Rule 70, Arizona Rules of Civil Procedure. If you have to file the Petition, you should also ask the Court to award you attorney's fees and costs incurred as sanctions against your ex-wife.

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Answered on 9/14/05, 11:27 am
Donald Scher Donald T. Scher & Associates, P.C.

Re: X-wife will not sign Quit Claim - what can I do?

If the divorce decree states that the house is yours and she refuses to convey her interest to you, you can bring an action in divorce court to enforce the judgement, and seek attorney fees and costs of doing so. A lawyer's letter to her would probably motivate her to do the right thing.

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Answered on 9/11/05, 6:31 pm


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