Legal Question in Family Law in Utah
Quit Claim Deed - Divorce
In my divorce decree, it states that I will execute a quit claim deed upon entry of the divorce decree. Divorce was final 9 months ago. I haven't done the quit claim yet, because my name is still on the mortgage and the ex hasn't pushed the issue. Now, he needs me to sign, so that he can take out a 2nd mortgage. My question is: Can I legally refuse to sign, pending my name be taken off the mortgage loan?
1 Answer from Attorneys
Re: Quit Claim Deed - Divorce
It depends on the language of the divorce decree. If the decree said for you to sign the quit claim deed upon the refinance, then you do not need to sign the deed until he removes your name. If the decree said you had to sign the deed without any conditions, then you have to sign - or return to court to get the terms amended. If I were you I would not sign and would get the decree amended so you did not have to sign until your name was removed.