Legal Question in Family Law in California
Divorce & property
I divorced over 25 years ago and I kept some property and my ex- husband kept his business, but somehow we never took his name off the deed to the property and he is refusing to sign paperwork taking it off, can he do this, even if it is stated in the divorce documents?
2 Answers from Attorneys
Re: Divorce & property
You will have to either file a motion to enforce the judgment, if the court retained jurisdiction, or you will have to file a complaint to remove his name from the deed.
Re: Divorce & property
Rule 5.12.6 Elisors
Where one of the parties fails to execute a document necessary to carry out a court order, the Clerk of the Superior Court or the Clerk�s authorized representative or designee may be appointed as an elisor to sign the document. An application for appointment of an elisor may be made ex parte. When applying for the appointment of an elisor, the application and proposed order must designate "The Clerk of the Court or the Clerk�s Designee" as the elisor. The application must not set forth a specific court employee. The declaration supporting the application must include specific facts establishing the necessity for the appointment of an elisor.
If the Court grants the application for appointment of an elisor, the applicant must contact the business office to make an appointment for the actual signing of the document(s) to ensure the availability of an authorized elisor. If the elisor is signing documents requiring notarization, the applicant must arrange for a notary to be present when the elisor signs the document(s).