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Can I use my divorce decree to complete a quit transfer deed on a property that is awarded to in the divorce decree?

  • By: David Bliven

Q: Divorced in CT. In my decree, it details how assets and properties are awarded and divided. A house in Westchester county, NY, is noted in the decree as being solely mine. The original deed has both of our names. Ex husband signed a basic quit transfer deed. I’m selling the house and my real estate attorney says the transfer deed is not good to complete the transfer in Westchester county, NY and it’s asking for new forms to be signed by my ex husband. The problem is my ex husband cannot be reached, he’s out of the country and cut off communication.
What’s my recourse? Am I really not able to use the quit claim form he signed if it’s not in the required format? Is my finalized divorce decree, settlement agreement not sufficient? Can I sell the house anyhow? I’m under contract already and scheduled to close in a month. What do I do?

A: You would ultimately need the advice of a real estate attorney – thus, if you doubt what your present one is telling you, seek a 2d opinion. As for the enforceability of the CT divorce, you’d need to seek the advice of a CT attorney – no Westchester Divorce Attorney can opinion on the legality of a divorce decree not issued in NY.

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