Legal Question in Family Law in Virginia

Re: Enforcing the signing of a Quit Claim Deed ordered in a Divorce Decree

You already have two replies to your question and I do not disagree with either. There is, however, an alternative to the rule that each suggest. That is an order entered by the court

effectively transferring the property to you. I have never used this method in Virginia, but have

used in another state where the judge was reluctant to find a women in contemp for refusing to sign the quit claim deed, contemplated by the final divorce decree. I suggest this as a last resort and I suggest at a minium that whoever handles this for you check with a title insurance company to make sure you have marketable title after the order is recorded. Good luck.

Re: Enforcing the signing of a Quit Claim Deed ordered in a Divorce Decree

The answer depends on what the agreement and the final decree say. If there was no requirement that you refinance to take her name off the note secured by the residence, you should be able to get a court to order her to sign the quit-claim deed.

Re: Enforcing the signing of a Quit Claim Deed ordered in a Divorce Decree

If your ex-wife had wanted the house refinanced only in your name as a condition of her quitclaiming her interest in the property to you, she should have had her lawyer put it in the Separation Agreement.

Now you're faced with having to ask the court to issue a Rule To Show Cause, if she continues

with her refusal to sign.

I'd give her notice via a letter(certified mail, return receipt requested)that she has 60 days to execute the Quitclaim Deed from the date on the USPS green receipt card with a clear exposition of the possible consequences if she fails to do so.

And, then, have your lawyer ready to file the motion for the Show Cause.