Q: Ex husband is not cooperative in signing over property deed which is awarded to me as stated in a divorce decree.
I believe I have an address but am not sure where he is located. I want my property deed and title to my property under my name only.
A:
You can file a motion for enforcement of the orders and request the court Clerk or his/her agent act as an elisor and sign the documents on opposing party’s behalf if he fails to sign/cooperate. You will need to arrange for a notary to go to court and notarize the Elisor’s signature when granted. As for service, he generally needs to be personally served with the notices motion but if he Relocated and didn’t leave the court a forwarding address And you complete a proper skip trace, you may get permission to serve the court on his behalf.
You need to coordinate with an attorney in your area as local rules and forms vary on both issues (elisors and sub service).
Hope this helps.
Sandy
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