Her name still on county deed

North Carolina Divorce Law Divorce and Separation Answers
1

I live in North Carolina. Ten years ago, I divorced my wife through the Georgia courts because she had moved there. An item of the divorce decree is that she remove her name from the title of the North Carolina home I live in via a quit claim.

Here we are in 2014 and she has yet to comply. Worse yet is that she has moved many time within Georgia to avoid creditors. I no longer have her current address to take her back into court to get this resolved.

And so:

  • is there any North Carolina legal means to get her name removed?
  • if I removed my name with a quit claim, does she become liable for the taxes, etc?
  • should I die tomorrow, does she have claim to my home (which has a mortgage on it)?

Thank you for your help,
Ron

2

It sounds like you need to speak with an attorney in Georgia about taking her to court for being in contempt of the court order. Since your case was handled in Georgia, you need to go back there to get it enforced.

Yes, even if the court order grants you the property, she still technically has a claim to the property since she is a record owner so she would be responsible for taxes, etc. If you passed, your estate would also have to file an action for contempt to get her removed from the property.