Legal Question in Real Estate Law in West Virginia
Property Rights
My sister divorced her husband in September of 1989. Our parents had given them 1.5 acres of property when they married, but was to be given it back because of the divorce. The property was in both my sister's and husband's name. My sister signed a ''Warranty Deed'' in 1991, but her ex- husband refuses to sign. My mother has paid the taxes on the property all these years. The ex husband also owes $50, 000 in child support that he has never paid. How can he be forced to sign this property back over?
1 Answer from Attorneys
Re: Property Rights
I assume the Final Order in the divorce included an order that the property was to be re-conveyed back to the parents. I'm surprised that the attorneys involved didn't draft and execute a deed at the time of the divorce. To "force him to sign" you simply need to have the court enforce the divorce order.