Legal Question in Real Estate Law in Maryland
I live in Great Mills, MD and have been divorced for over 7 years. When my husband and I divorced I bought him out of the house. His name is still on the property and I need it removed so that my current husband can be added. Our divorce papers just say we handled it amoung ourselves. No one knew where my ex had dissappeared to, but recently someone has mentioned he is now living in Kingsport, TN. How do I go about getting this taken care of?
1 Answer from Attorneys
When you bought your ex out the two of you should have signed a deed conveying the property over to you. Now you will either need to track him down and persuade him to sign such a deed. If you don't have a separation agreement memorializing the buyout, or if it isn't specifically mentioned in the divorce papers, it will be very difficult for you to get a court order taking his name off the deed because how will you prove you are entitled to that? You would have to file a lawsuit known as an action to quiet title, and in doing so would have to be able to locate your ex to serve him with the suit papers so he has an opportunity to participate in the suit if he chooses to do so (though unlikely). A good person locator should be able to find him especially if you have his ssn and if you do hopefully he will cooperate in the signing of a deed. If you get to this point consult a real estate attorney to prepare a proper deed for this purpose.