Legal Question in Real Estate Law in Indiana

I live in Indiana. My husband has been divorced from his first wife for over 22 years. In the divorce decree it states that he was to live in the house but put it up for sale. She was to pay 1/2 all the repairs on the house. Well, the house didn't sell. In 2002 he refinanced and now he has a mortgage only in his name. I noticed that his ex's name was on the tax bill, and when we inquired about it we found that no quit claim deed had been recorded. (he said she signed one when he refinanced)so we don't know if they didn't record it or if he never brought it in to be recorded. Now his ex is not at all friendly to him, and we have another quit claim deed for her to sign. Our fear is that she will refuse. Do we stand a chance in court after over 22 years (she never even lived in this house)for the judge to order her to sign the quit claim deed? He has made all the mortgage payments.. without her help with anything to do with this house.


Asked on 2/24/14, 5:05 pm

1 Answer from Attorneys
Jay Rigdon Rockhill Pinnick LLP

Yes, you "stand a chance", which is not the same as saying you will definitely win your case. Your husband needs to talk to an attorney now and have the attorney prepare a QC deed. Procrastination and doing it himself has already risked too much. You should first check with the mortgage company; it is very unlikely that they refinanced without a QC deed being signed.

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Answered on 2/25/14, 4:12 pm


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