Legal Question in Real Estate Law in California

i live in California and have been divorced for two years. The house has been awarded to me in the settlement agreement, however i neglected to have an interspousal transfer deed signed by my ex. I recently made several requests for her to meet me at a notary for her signature however she claims she doesnt have the time. I dont believe there she wants to sign it and is making excuses. is there another option to getting her name off the deed?


Asked on 3/01/12, 5:40 pm

2 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

First, this is actually a family law question, so you may wish to re-post this in the family law section of this site. If the requirement that she quitclaim the house to you is properly documented in the judgment of dissolution, then she is in violation of a Court order by not signing the deed. You can, after making reasonable efforts to get her to sign it, go back into family law court, and the judge may hold her in contempt of Court for not signing the deed, and/or may go ahead and execute the deed on her behalf. Contact a family law attorney to get more specifics on how to go about doing this, as it will require the intervention of the family law court.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. Further, information you provide to the Firm through this website is not confidential - it is available publicly to anyone visiting this website. The Firm shall have no obligation to keep the information you provide herein confidential in any context. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."

Read more
Answered on 3/02/12, 8:14 am
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. Gibbs. Check over your settlement agreement, and speak to a competent family law attorney. If necessary, the court can make an order appointing the clerk as an "elisor" and execute the deed on her behalf.

Read more
Answered on 3/02/12, 12:58 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California