Dear Carolyn:
My settlement agreement with my ex-wife has me keeping our jointly owned, fully paid home. A couple of years ago, I told her I believed she needed to file a quitclaim document to have her name removed from the deed, and that was something I could not do. She said she would not do that, as the settlement agreement already clearly states I own the home. Sadly, we no longer communicate. I am sure she is not trying to lay claim to the house, just unwilling to call her attorney for clarity. Am I correct about the quitclaim document? Is this something her divorce attorney should have done, or does an attorney specializing in real estate need to be contacted? I hope your answer will be enough for her to complete the final step in this drawn-out process.
Carolyn Answers:
I am glad that you have a settlement agreement. You should have the quitclaim deed prepared by a real estate attorney. The real estate attorney may either 1) mail it to her and ask her to sign before a notary and return it to the attorney for filing, or 2) call her and ask her to drop by the attorney’s office to sign before a notary. Someone has to prepare the deed, and it is customary for you to have the deed prepared since you are receiving the home. Your family law attorney may also do this for you. While not totally clear, your attorney probably should have done the deed for you at the time of the settlement.
There are probably paragraphs in the settlement agreement that require her to sign necessary documents that effectuate the settlement agreement. A necessary documents clause is typically toward the end of a family law settlement agreement.
If she refuses to sign in a reasonable time, you will have to sue her for breach of contract. There is possibly a clause in your agreement concerning breaches. Sometimes these clauses require the breaching party to pay the other party’s attorney fees. She, however, is not in breach until you give her the deed to sign, and she refuses.
Your attorney should record the deed once signed at the register of deeds.
Dear Carolyn:
In what situation can a patient’s health care proxy be ignored?
Carolyn Answers:
I believe you are asking about a health care power of attorney, which states a person’s wishes on extreme health care decisions. These are usually end-of-life decisions. Typically, these directives should be honored. A doctor has some power to override if the doctor does not agree with the holder of a power of attorney or if the doctor thinks the holder of a power of attorney is acting in bad faith or unconscionably.
Send your questions on family law and divorce matters to “Ask Carolyn…” at askcarolyn@rhinotimes.com, or P.O. Box 9023, Greensboro, NC 27427. Please do not put identifying information in your questions. Note that the answers in “Ask Carolyn” are intended to provide general legal information, and the answers are not specific legal advice for your situation. The column also uses hypothetical questions. A subtle fact in your unique case may determine the legal advice you need in your individual case. Also, please note that you are not creating an attorney-client relationship with Carolyn J. Woodruff by writing or having your question answered by “Ask Carolyn…”
My sons name is on the deed of his home. He is divorced But his wife is listed on the mortgage debt.
Altho he makes the payments she has refused to co sign an insurance claim payment to repair the home.
The insurance has both names on the check tne insurance co was sent proof of divorce but refused to list only his name on check