Quit Claim and Eviction


#1

Hi,
Prior to our divorce my spouse and I completed a separation agreement which was not filed with the Mecklenburg County Court.

The SA states that I am to retain the house, however my former spouse has returned to the home and is refusing to leave. This return is NOT due to reconciliation, and I have not had a Quit Claim Deed done yet since our divorce.

After I have my Ex-H sign a Quit Claim Deed in order to remove him from the property, what other legal recourse do I have to have him removed from the home?

If he is unwilling to sign a Quit Claim Deed do I have any recourse given that the SA states that he will do so?

Thank you!


#2

Not a Lawyer

Perhaps I am misunderstanding how a Quit Claim Deed works, but I believe SHE would have to execute the Quit Claim Deed, releasing her rights to the property. I don’t believe you can do it for her.


#3

I would have to read the agreement to know the appropriate steps for you to take but if the agreement says that you are supposed to retain the house, you should be able to file a breach of contract action against her to have her removed from the property.