Legal Question in Real Estate Law in Iowa

I have been divorced almost 2 years now. I was awarded the home in divorce settlement, and the mortgage remains in both of our names. Would like to refinance, but credit report still shows some dings that will be coming off in 2011, plan to wait until then. My exhusband has been living out of the state almost a year. I, nor my children, are privliged with his address. We have had only 1 phone call in 6 months. Needless to say, I am not receiving court ordered child support. Exhusband has several recent judgements against him for back taxes and unpaid debts. I do not want a lien placed on my property. Can I file a quitclaim deed without him signing forms? What happens if I do not have address for him? Is there a process for persons "abandoned" by other mortgage holder to complete this task?


Asked on 8/17/10, 9:35 pm

1 Answer from Attorneys
Thomas Moens Moens Law Offices, Chartered

Your question indicates this relates to Iowa law, but your zip code is not in Iowa, so I will answer this as if the divorce and property are in Iowa. If either is in Indiana, ignore this answer, since I am not licensed in Indiana, nor am I familiar with Indiana law. If your husband already has judgments against him, those judgments have already attached to the property. There is a mechanism whereby these liens might be avoided, and you should contact an attorney in the county where the property is located to assist you. Regarding changing title, it depends on what your divorce decree says. Again, you should contact an attorney regarding this. Your divorce attorney would be a good place to start.

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Answered on 8/23/10, 8:14 am


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