Q: Can I have a judge change or take off a name from a deed to our home without a quick claim deed?
We are married 52 yrs. Husband left to live with partners wife in 2007. We are separated 11 yrs, never finished divorce, because husband said in lieu of alimony, he would give me house, and I, in turn, would leave house, or whatever proceeds if I should sell, to the children when I died. I would never proceed with the divorce because he would never sign a quick claim deed. Husband said that since it was in the divorce papers that he would give me the house, then he did not need to sign a QCD.
I went to the property tax dept. and they told me twice, that I could not change deed on house without him signing the QCD and even though it was in the divorce papers, nothing can be done without his signing.
I want to know if I can go have a judge have the deed changed, without his signing a QCD, I don't know if if makes a difference, but I have paid taxes on the house since 2007.
Thank you for any information you can give me.
A: The terms of a judgment in a divorce decree only tells you what the parties are supposed to do. Part of the problem is that it sounds like part of the agreement was done verbally (which almost never works out). Unless you can prove in court what the verbal promise to you was, you might be out of luck. If the judgment specifies that the other owner must give you the house, then you can sue her/him for contempt, or to compel the terms of the judgment. This advice is all based on only a few facts from you. I cannot guarantee results.
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