Our family lawyer handles this type of situation, he is Kent Bratcher, 1 254 751 0044. He has handled real estate issues for many people I know and he should be able to help you with this.

As i have gone through the same situation. The quit claim will release her from liability with VA (if you have a VA loan) and the Bank, making the mortgage only in your name and is filled in the property records for your house. in your divorce decree it will state if you receive the house. if she wont sign the quit claim, you need to file you divorce decree as public record. At which point you will not need her signature to sell the house, the quit claim omits you from having to file the decree as public record and put your business out there. not sure who you title company is but i used CATCO in cove. You will need a new warranty deed w/o the quit claim as well.

Thank you all for the response to the question. I talked to the title company and they were the one who told me about the quit claim deed. I may have another solution. My ex agreed to send my oldest daughter a power of attorney to take care of the paperwork. I am still going to talk to an attorney to find out any other steps.

Thank you all again for the responses.

I'm not a lawyer, but wouldn't the judge that granted you the place be able to force a quit claim deed on her behalf?

Two people you probably want to check with. 1st is the Title company to see what they will require from you or from her and in what form they want it. 2nd is your divorce attorney. If that all fails then see a board certified real estate attorney to resolve other options.

PS to my prior response... If you are to offer your money, I would place deadline on it for you to obtain the $1000

Question why did your attorney(s) not have this taken care of as part of the divorce proceedings in order to finalize the divorce all necessary paperwork must be completed. You may want to contact you divorce attorney prior to securing a real estate attorney. GOOD LUCK!

NOTE: You might be able to contact you give her a $1000 if she would sign the documents that could be cheaper than attorney/courts/ etc being involved.

You might consider taking the advice of talking with your divorce attorney. If you have a court order perhaps the attorney can make a recommendation. You definitely want to address this NOW.

Robert,
You need to address that with a real estate attorney. If you have the divorce paperwork though you should be able to proceed with the sale. Otherwise you will have to get it done through the courts.

I just read the first answer and maybe I misunderstood.

If she is willing to sign then you don't need to go through all I said. But, I still say advise an attorney.

Good luck,
Susan Walker

First, you have to consult on attorney on this issue. Do not misconstrue my advice for legal advice, it just the possible scenario you are looking at:

The attorney might ask to look at the title policy to see if, and I mean if, there is the slightest chance you are covered for this.

Next, be prepared to have to go to court. You'll probably have to advertise in obvious places before it is approved. The attorney will advise you on the process.

Lastly, you could create a 'cloud on title' and you need an attorney's advice and opinion on this one.

To find a real estate attorney, call Baylor Law school and see if they will give you any references.

The good news is, you are not the first one nor the last one to deal with this. So, although, a cumbersome ordeal it is not impossible.

All the best,
Susan Walker

She just needs to sign the release. Email it to her and have her take it to the US Consulate and have her get it notarized.
I would confirm this with a title co.
J.