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You have to get an attorney, as everyone else has advised. Further, if you just get him to sign a quit claim, it may not be enough. Without some sort of authorized agreement that he is waiving all interest in the property, he could get a lawyer down the line and contest that quit claim deed.
If the OP had a lawyer during her divorce, she needs to get a new one now. I can't fathom a divorce with real property and children and neither being part of the divorce decree.
As I understand it, you're going to have to refi the house to get him off the title...sounds like he's not going to cooperate with that, so you're going to have to involve the gubbermint.
the court can mke him sign the deed off to you if you won. I also hope you protected your property. See your lawyer for that. If the court ask him to sign and he refuses, the judge can put him in jail.
I had my still-husband sign the Quitclaim Deed to get him off the title. And I refinanced at the same time. It was all very easy but they said that if he REALLY wants to fight it, he could.
I spoke to an attorney and he said this: The husband could fight it, BUT the judge would look at the circumstances - him no longer living there, him no longer making payments, so he would most likely rule in my favor.
Getting him off the title is one thing; getting him off the mortgage is a different animal all together. You will need to refinance the mortgage with just your name on it, which means you will need to be able to qualify for the mortgage by yourself so hopefully you can. Otherwise the bank will never let you take him off the mortgage. How did you manage to get thru a divorce without having to include the marital home as an asset?
As everyone else says, get a lawyer. Doing a do it yourself quit claim deed won't cut it for a mess like this.
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