Legal Question in Real Estate Law in California
Removing a name from title
My ex-husband's name is still on title to a property we owned jointly with two other people many years ago. I've had absolutely no contact with him for over ten years, the property was not mentioned in the divorce papers (we'd been separated a long time before he actually signed) and the property has since been paid in full by me. How do I go about removing his name, as well as correcting the existing documents to reflect my re-marriage?
1 Answer from Attorneys
Re: Removing a name from title
You will need to contact your ex and have him sign a "Quit Claim" deed which will remove his name from the property. You can get a form at an office supply place. Just fill in the legal description and name yourself as the "grantee". Then have it recorded at the county recorder's office where the property is located. If you cannot find him, then you will need to file a "Quiet Title" action in the superior court for the county where the property is located. After filing suit, and since you can't find him, you will be able to serve him by publishing a notice of the suit in a local paper for four consecutive weeks. File notice of the publishing with the court and ask for an order granting your request to extinquish his interest and assign it to you.
As to other places where you may have joint interest, follow the same procedure for real property. If you have joint accounts I would close them and open new ones. If you have joint stock or other similar accounts, ask them what procedure to follow. Generally it will be fairly simple. You may want to run a credit check on your ex to locate him. If you cannot do it your self (there are plenty of places on the Web that can help) get an attorney to assist. Many attorneys can use various sources to locate individuals.