Legal Question in Real Estate Law in Alabama

Deeds

My wife and I were recently married. She and I are both previously divorced. She wants to remove her x-husband from the deed. The deed states her OR her x-husband and children as ownership of the property. What can we do to remove him and add me to the deed? He will not sign a quit claim deed.


Asked on 8/19/03, 10:19 pm

1 Answer from Attorneys

Robert Kreitlein Robert Kreitlein, Attorney at Law

Re: Deeds

I'm assuming we're talking about your house, right? The first thing we would need to know is: what did your wife's divorce decree state about the ownership of the house? When she and her ex were divorced, their should have been a determination made regarding the ownership of the house. Since she obviously has possession of the house, I would assume the decree states that your wife was to receive the entire interest in the house? If so, then the court can force her ex to sign. If not, you will have to figure out what exactly was supposed to happen with the house. If it was to be sold and the parties were to split the proceeds, then you may well have to buy her ex out of his interest.

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Answered on 8/20/03, 10:47 am


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