Warranty Deed and Quit Claim


#1

Hi. My divorce was finalized in July of 2011 as a “default” judgment. My ex did not request ED and allowed the 30-day timeframe to expire after he was served papers. My question is about my home. I purchased it while we were married, solely in my name due to my income and credit. He moved out when we separated and I have remained in the home, paying the mortgage and all associated bills. I have asked him to sign a Quit Claim Deed to remove his name (since his name was listed on the Warranty Deed when I purchased the house). My questions are:
-What if he doesn’t sign the Quit Claim deed?
-Does he has any “rights” to the house (ex., can he enter the home, can he dictate who else lives here with me, etc.)?
-I’ve found something in my research about a Quiet Title Action. Is that applicable? He may be moving out of the country in the next few months.

Thank you very much.


#2

Your ex doesn’t have to sign the Quit Claim deed. If he doesn’t, he will continue to legally own half of the house, together with you as tenants-in-common. Obviously, this would give him a certain amount of control, so if he refuses to sign the deed, then you need to hire a real property attorney and possibly seek a judicial partition. A Quiet Title action may be applicable to your case, but a real property attorney would best be able to discuss with you your options in that event.