Auburn, CA asked in Divorce for California

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.

Related Topics:
1 Lawyer Answer
Sandy Lynne Meade
Sandy Lynne Meade
  • San Diego, CA
  • Licensed in California

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.


Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.