How can we get my husband’s ex-wife off of the deed to our house?

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How can we get my husband’s ex-wife off of the deed to our house?

My husband’s ex-wife was ordered to sign a quit claim deed 9 years ago. They thought they had to wait 7 years to get it signed because if he sold the house she would get half of what he got. Now

that they can get it done she won’t sign it and we can’t serve her because we can’t find a good address on her. Is there any way to get her off without signing the quit claim deed?

Asked on April 2, 2019 under Real Estate Law, Arkansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, you do have to bring a legal action against her to enforce the court order (the court can punish her "contempt," such as jail time, if she does not comply); you can't take someone's property interest without a legal action and providing "notice" to them ("serving" them with the papers) so they can defend their rights, if they choose. But most legal systems (such as mine, in NJ) have "alternative" or "constructive" service options for when, despite diligent efforts (which efforts you document and can prove) you cannot normally serve the other side, such as service "by publication" in the appropriate venues and media. 
Hire an experienced AR litigator (attorney who brings lawsuits) to help you: the attorney should be able to determine what, if any, alternative service options you have and how to qualify for and use them.


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