Can a judge force you to sign a quit claim deed?

Can a judge force you to sign a quit claim deed?

How to Get Court to Order Your Ex-Spouse to Sign Quit Claim Deed. If your former spouse won’t sign a quit claim deed for property awarded to you, it will be necessary to go back to court to ask the judge to enforce the judgment, with a court ordered quit claim deed.

Does a quit claim deed override a divorce decree?

Decree states house to be put on market on March 2013. Ex said he can do loan modification but lender requires I sign a quit claim deed before it can be modified and decree will need amendment removing clause that house is to be sold. Ex said Quit Claim will supersede decree and no amendment needs to be done.

Do both parties have to sign quit claim deed?

In California and the Bay Area, in particular, there are no special rules. Only the grantor needs to sign.

Can you force someone off a deed?

The only way to forcibly change the ownership status is through a legal action and the resultant court order. However, if an owner chooses to be removed from the deed, it is simply a matter of preparing a new deed transferring that owner’s interest in the property.

How do you get someone’s name off a house deed?

You will want to have your name removed from the title and the child’s name added….Follow these steps to remove someone’s name from a property title:(Optional) Hire a licensed conveyancer. Fill out a transfer of title form. Submit the transfer of title form. Pay the fee. Wait for the form to be processed.

Can someone be on the title and not the mortgage?

A person’s name can be on the deed but not the mortgage. In such circumstances, the person is an owner of the property but is not financially liable for mortgage payments.

What happens if I died and my wife is not on the mortgage?

Your wife’s estate may be liable to the lender, and if you don’t pay the monthly mortgage payments, the lender can foreclose on the home, sell it and use the money from the sale to pay off the loan. Upon her death, as a joint tenant, you became the sole owner of the home and could move forward to sell the home.

What does it mean to be on the deed but not the mortgage?

This means that you still own your share of the home. Most mortgage companies will not grant a mortgage to only one spouse if the deed is already in both names. The lender would only have the interest of the person who signed the mortgage (your spouse).

What is the difference between being on the deed and the mortgage?

What’s the Difference: Title Versus Mortgage A title grants a person or persons exclusive use, possession, and transfer of ownership rights for a given real estate property. On the other hand, a mortgage, or in some states a “deed of trust,” pledges real property to secure a loan.

When you have a mortgage who holds the deed?

The title deeds to a property with a mortgage are usually kept by the mortgage lender. They will only be given to you once the mortgage has been paid in full. But, you can request copies of the deeds at any time.

Does a deed mean you own the house?

A property deed is a legal document that transfers the ownership of real estate from a seller to a buyer. For a deed to be legal it must state the name of the buyer and the seller, describe the property that is being transferred, and include the signature of the party that is transferring the property.

Who holds the deed when there is a mortgage?

A mortgage has just two parties: the borrower and the lender. A deed of trust, however, has an additional third party, called a “trustee” who holds onto the title of the home until the loan is repaid.

What happens if you can’t find the deeds to your house?

The title number can be used to obtain copies of the evidence of legal title and other documents from the Land Registry (for a small fee). So, if the property is registered at the Land Registry it does not matter if you cannot find any paper deeds or documents.

Where is the best place to keep your house deeds?

What are the best places to keep real estate deeds? Your bank or building society can take care of your deeds. Although keeping your paper documents in a safe deposit box is a very convenient option, they typically charge you for renting a deposit box.

Is the title and deed the same thing?

A deed is evidence of a specific event of transferring the title of the property from one person to another. A title is the legal right to use and modify the property how you see fit, or transfer interest or any portion that you own to others via a deed. A deed represents the right of the owner to claim the property.

What does the deed mean sexually?

verb. to have sex. Last edited on Sep 02 2009.

What is the difference between a title and a warranty deed?

A warranty deed is a higher level of protection produced by the seller upon the real estate closing. Paired with title insurance, your warranty deed guarantees that the “grantor” is the rightful owner and transfers these rights and title to you as the “grantee” or new owner of the property.

Can you buy a house without a clear title?

Buyers can choose to take on the risk of purchasing a property with a title that isn’t clear, but it’s usually a very bad idea. Construction, mortgage and judgment liens can end up costing buyers considerable amounts of money and even lead to foreclosure when the title isn’t clear.

Can I sell my house if my partner doesn’t want to?

If you want to sell and your partner doesn’t (or vice versa), one person can begin an action of division and sale in court. However, the other party can petition the court to a division of the proceeds, or to buy the place at a market price or one decided by the court.

Can you sell a house with a clouded title?

Having a cloud on title makes it difficult to sell a home, because the property decreases in value and makes potential buyers skittish about liabilities. However, you can remove a cloud by repaying debts, taking legal action against the previous owner, or transferring ownership using a quitclaim deed.