Q: How do I have my Ex husband removed from the deed of our home? The divorce from 2017 states the house is to be mine.
I had a quit claim deed written up last year but he refuses to sign it. Used the law office of Donahue, Rauscher and McGrail to have this done. We didn't use legal aid when we got our divorce. I am in the process of having my loan modified and would like it in my name only as I am the owner according to the divorce decree. Thank you
A: So, if your Separation Agreement states he is to relinquish title to you to the real estate, is there a provision concerning the procedure and timing of same, i.e., at refinance closing or sale or a date certain? If there is not a trigger or defined date you should have your attorney pursue a Contempt if a letter does not work and your counsel can include prayers for your damages and counsel fees in Contempt. Part of the Contempt remedies would be appointment of a Master to execute a Deed out of his name and there is a not commonly used statute permitting the certified copy of the Divorce Judgment and Separation Agreement to be recorded in the Registry of Deeds for the locality, but this discloses too much and is not best practice.
A:
First, it is important to realize that removing a name from a deed is not a simply matter because that person has a legal right to the property, at least until proven otherwise. There are a number of ways that this issue could play out, and if I understood your posting correctly, you did not involve legal counsel in your divorce so you don't have an attorney at hand. It would be best to receive legal advice from a Massachusetts Family Law attorney, but here are the basics:
1. The divorce decree may have language indicating that the title has been transferred as a result of the decree. If so, an attorney can help you determine how to apply that language.
2. If the decree does not contain such language, you might try a letter from an attorney informing him of his obligation to correct the problem, then wait and see. If he still will not sign, then on to step 3.
3. File a contempt complaint with the court. Failure to respond might result in fines, jail time, or both.
Hope this was helpful.
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