Property Division Issue


#1

My questions concerns my finalized divorce with a house property deed in Charlotte, NC. The divorce was finalized a few years ago in a nearby state (where the marriage occurred), but the quit claim deed was never signed by my ex-spouse. I am on the mortgage, while my ex-spouse is not. In the divorce agreement (signed by both with a final decree), it states that my ex-spouse has no claim or interest and relinquishes all rights to the Charlotte property. It states that I will have exclusive ownership rights to the property and assume all obligations on the property. It also states that the spouse will convey all interest to me within 30 days by appropriate quit claim deed. This was never completed. After several attempts of getting my ex to sign it, my ex (who lives in another state and moves around frequently) refuses to sign the quit claim deed and has stated that refusal verbally. I desire to remove my ex-spouse from the deed to the Charlotte property in which I have resided for several years now and paid the mortgage.

My questions are:
Is this a matter that can be handled in NC as the property is in NC (but the divorce was executed in a different state)?
What is the next step in removing my ex from the deed since my ex refuses to sign the quit claim deed?

Thank you in advance for your help.


#2

You will need to file a motion to have your ex held in contempt in the state that issued the Order.


#3

Thank you for your reply and the information. Will I still be able to file the motion if I am unable to find an address/location for my ex?


#4

Yes, and you will need to check the laws regarding service by publication in the state which issued the Order.