Ex-wife never signed quit claim deed and is no where to be found

UPDATED: Oct 2, 2022

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Ex-wife never signed quit claim deed and is no where to be found

As part of our divorce decree, my ex-wife was supposed to sign a quitclaim
deed for our house. She never signed it. Her lawyer never gave me any kind of
papers. The divorce was filed Oct. 2, 2018. I had to have a title company draw
up a new quitclaim and I sent it to her via email. Multiple times. She finally said
she would sign it and send it to me in the mail. That was Mid June of this year.
She has since checked herself into a mental hospital in Texas and now left with
no one knowing where she is. How can I get her name off the title to the house I
have been trying to sell for a year now?

Asked on August 27, 2019 under Real Estate Law, Arkansas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can bring a legal action traditionally called an action "for partition" in your local county court to get a court order that the property be sold: the court can order it without your spouse's consent. You do have to try to properly "serve," or send the papers to her in the proper legal way. There are approved ways you can attempt service even when you don't know where she is, such as "publication" (publishing notices of the lawsuit in appropriate newsapers). It can be tricky, however, to use these alternate means of service, and an action for partition is substantially more complicated than, say, a small claims case or suit to being with. You are strongly advised to retain an attorney to help you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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