Legal Question in Real Estate Law in Arkansas
My ex-wife still claims the house is half hers
My ex-wife and I went through a divorce last Dec. in which a default judgment was granted to me based on her not filing any petitions against the action. I remained in and continue to pay for the home and was granted sole custody of our five children. My ex had moved to New Jersey for a period of three months and has since returned to our town. She now claims she is still half owner of our home because her name is still on the mortgage. How do I get her name off the mortgage? I know she will not agree to signing anything to have it removed voluntarily.
1 Answer from Attorneys
Re: My ex-wife still claims the house is half hers
What does the default judgment say about the house and property? If it gives you the property, then you are going to need her to either sign a quitclaim deed or have the court order her to sign it, or have the court just order the transfer of ownership to you. If the judgment didn't give you ownership of the house, then the two of you still own it and you are going to have to work out a sale between the two of you, or go back to the judge to let him determine what to do with it.
I would contact your divorce attorney to get this taken care of, if she won't sign anything voluntarily.