Legal Question in Real Estate Law in California
i live in California and have been divorced for two years. The house has been awarded to me in the settlement agreement, however i neglected to have an interspousal transfer deed signed by my ex. I recently made several requests for her to meet me at a notary for her signature however she claims she doesnt have the time. I dont believe there she wants to sign it and is making excuses. is there another option to getting her name off the deed?
2 Answers from Attorneys
First, this is actually a family law question, so you may wish to re-post this in the family law section of this site. If the requirement that she quitclaim the house to you is properly documented in the judgment of dissolution, then she is in violation of a Court order by not signing the deed. You can, after making reasonable efforts to get her to sign it, go back into family law court, and the judge may hold her in contempt of Court for not signing the deed, and/or may go ahead and execute the deed on her behalf. Contact a family law attorney to get more specifics on how to go about doing this, as it will require the intervention of the family law court.
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I agree with Mr. Gibbs. Check over your settlement agreement, and speak to a competent family law attorney. If necessary, the court can make an order appointing the clerk as an "elisor" and execute the deed on her behalf.