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Author Topic: quit claim deed  (Read 2595 times)
SpitFire
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« on: June 29, 2006, 11:54:18 AM »

As of the final decree, 6 weeks ago, both of us (according to the final decree) were supposed to get the other's name off of the property that we each ended up w/.  I had my attorney have the quit claim deed for the house and adjoining property, ready for him to sign at the final hearing.  He signed it.  Now, 2 weeks from the 60 day deadline, I have yet to sign one to get my name off of the cottage deed.
He also had just 60 days to refinance it to get my name off the mortgage.  Is it my obligation to get the deed done or just his to make sure it gets to me to sign it?  I'm sure he's not going to get the new mortgage in place in time also...are these contempt issues?
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Lee Borden
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« Reply #1 on: June 30, 2006, 07:59:35 AM »

It's clear your Ex has violated the decree. Whether that rises to the level of contempt of court will turn on any evidence he presents about his inability to comply. That is, if he's done everything he can to get it done, including applying for the loan and being turned down, the judge is unlikely to find him in contempt. If, as it appears, he's just done nothing or next to nothing, he's at high risk to be held in contempt.
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