How to get my ex-wife’s name off of a deed?

UPDATED: Sep 12, 2012

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How to get my ex-wife’s name off of a deed?

I have been divorced for 20 years. My ex-wife lived in this house for less than 1 year right after we purchased it. I just discovered her name is still on the deed. According to the divorce decree I was to live in the house and have it up for sale, which I did, but it didn’t sell. Many years have now passed. The divorce decree also states that she is responsible for half any major repairs made on this house. If she will not sign the quit claim deed now I want to take her to court and hold her responsible for those repairs. I had water damage and needed to replace floors and walls and had to have a new roof put on. I doubt she will want to pay court fees and I am hoping that this will deter her from refusing to sign the quit claim.

Asked on September 12, 2012 under Real Estate Law, Indiana


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to carefully read the marital dissolution decree with your "ex" to see if she remains on title to the property or not. If the decree is that she and you are to retain joint ownership of the home you shared, then you cannot force your former wife to give up title to the home.

I suggest that you consult with a family law attorney about your matter. If she will not make the repairs needed to the unit you own presently, then you can file a petition with the court for and order to show cause regarding contempt of the marital dissolution decree and seek an order from the court that she pay half of the costs of repairs needed for the home.

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 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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