Removing name from Deed

[dannysmyboy]

What is the name of your state?California.

My mother was awarded the family home in her divorce, 24 years ago. The home has been paid in full for the past 10 years. My dad's name is still shows up on the title, when I had a friend do a search. The divorce papers state :"The following community assets shall be awarded to the Petitioner (my mom) as her sole and separate property: The Family Residence 123 Main Street, etc...Petitioner shall hold respondent harmless from any liability on any encumbrances.". She didn't realize that she had do fill out some paperwork to remove his name. She just thought it was done through the divorce papers.

Can anyone give me the name of the correct form she needs to fill out to get his name removed from the title? Or the correct procedure?

She wants to do her living will, and wants his name off the deed before she starts this process and we don't know where to start.

Any helpful info, would be greatly appreciated....thanks.

 

[dannysmyboy]

Stay away from my post, creep. I need a sincere helpful response.

 

[Wanda June]

I got banned because I am a pathetic prick

Mr. Newbie, You get banned every day, Honey.

 

[dannysmyboy]

Not you Wanda...that **** creep.....

 

[divgradcurl]

What is the name of your state?California.

My mother was awarded the family home in her divorce, 24 years ago. The home has been paid in full for the past 10 years. My dad's name is still shows up on the title, when I had a friend do a search. The divorce papers state :"The following community assets shall be awarded to the Petitioner (my mom) as her sole and separate property: The Family Residence 123 Main Street, etc...Petitioner shall hold respondent harmless from any liability on any encumbrances.". She didn't realize that she had do fill out some paperwork to remove his name. She just thought it was done through the divorce papers.

Can anyone give me the name of the correct form she needs to fill out to get his name removed from the title? Or the correct procedure?

She wants to do her living will, and wants his name off the deed before she starts this process and we don't know where to start.

Any helpful info, would be greatly appreciated....thanks.

Contact a local title company, they should be able to provide you with the most up-to-date information and forms.

 

[HomeGuru]

What is the name of your state?California.

My mother was awarded the family home in her divorce, 24 years ago. The home has been paid in full for the past 10 years. My dad's name is still shows up on the title, when I had a friend do a search. The divorce papers state :"The following community assets shall be awarded to the Petitioner (my mom) as her sole and separate property: The Family Residence 123 Main Street, etc...Petitioner shall hold respondent harmless from any liability on any encumbrances.". She didn't realize that she had do fill out some paperwork to remove his name. She just thought it was done through the divorce papers.

Can anyone give me the name of the correct form she needs to fill out to get his name removed from the title? Or the correct procedure?

She wants to do her living will, and wants his name off the deed before she starts this process and we don't know where to start.

Any helpful info, would be greatly appreciated....thanks.

**A: a final step was not completed, that being Dad sigbing a quit claim deed to Mom.

 

[dannysmyboy]

**A: a final step was not completed, that being Dad sigbing a quit claim deed to Mom.

Thanks HomeGuru!! A quitclaim deed was given to my dad twice. Once, my mother sent him a blank quit claim form, since she had not heard from him regarding this issue for some time. (she thought he was the one that had to initiate it). She attached a letter stating that she would like him to release his name and a copy of the divorce decree (which he already has his copy). She never got a response. I helped her out, by filling in all the details on a second form, attaching another letter, stating he needs to do this, and certifing it by mail to his home and we've heard nothing.

I believe he is ignoring this issue. (my dad isn't very honest with $$). Anyhow, my mom is up there in age and after talking with her about her living will, she told me his name is still on the title, and can't understand why?

Is hiring an attorney, the only way to force him to release his name off the title??

A side question: if my mother passes away (her health is in question) before this can be completed, is my dad the only one entitled to manage/sell or have any interest in the home, even though her living will says the home goes to us kids and the divorce awarded her the home, outright??? She was divorced 24 years ago. Her living will has me and my brother as her executors and power of attorney/medical directives, etc....

My husband thinks that my dad is waiting for my mom to pass, then step in and claim the home as his, since his name is in the title. Is this possible?? Any insight is very appreciated.

 

[HomeGuru]

Thanks HomeGuru!! A quitclaim deed was given to my dad twice. Once, my mother sent him a blank quit claim form, since she had not heard from him regarding this issue for some time. (she thought he was the one that had to initiate it). She attached a letter stating that she would like him to release his name and a copy of the divorce decree (which he already has his copy). She never got a response. I helped her out, by filling in all the details on a second form, attaching another letter, stating he needs to do this, and certifing it by mail to his home and we've heard nothing.

I believe he is ignoring this issue. (my dad isn't very honest with $$). Anyhow, my mom is up there in age and after talking with her about her living will, she told me his name is still on the title, and can't understand why?

Is hiring an attorney, the only way to force him to release his name off the title??

**A: it appears so.
*******

A side question: if my mother passes away (her health is in question) before this can be completed, is my dad the only one entitled to manage/sell or have any interest in the home, even though her living will says the home goes to us kids and the divorce awarded her the home, outright???

**A: yes, that is why you need to take care of things now or in probate only the attorney's will get rich.
********
She was divorced 24 years ago. Her living will has me and my brother as her executors and power of attorney/medical directives, etc....

My husband thinks that my dad is waiting for my mom to pass, then step in and claim the home as his, since his name is in the title. Is this possible?? Any insight is very appreciated.

**A: yes it is possible. Then there will be a huge fight in probate court.

 

[dannysmyboy]

HomeGuru. Thanks for the great information. One more question.

I've read a little about QuitClaim Deeds and have a few California QuitClaim forms with me. From what I can figure out, this form must be notarized. My question is:

Since my parents have not seen each other in over 20 years, and I suspect my dad will not cooperate fully, however.

Can the QuitClaim deed be filled and notarized by him without my mother present, and then she gets her part notarized, once she gets it back from him??

Please advise

 

[HomeGuru]

HomeGuru. Thanks for the great information. One more question.

I've read a little about QuitClaim Deeds and have a few California QuitClaim forms with me. From what I can figure out, this form must be notarized. My question is:

Since my parents have not seen each other in over 20 years, and I suspect my dad will not cooperate fully, however.

Can the QuitClaim deed be filled and notarized by him without my mother present, and then she gets her part notarized, once she gets it back from him??

Please advise

**A: yes, it can be done that way.

 

[dannysmyboy]

**A: yes, it can be done that way.

Yet, thanks again....guess what I found a reason to ask you one more question. In my mother's papers I found a document called" Interspousal Transfer Deed" It's a copy that her attorney sent my dad/his attorney. It's has a check mark in the box: A transfer to a souse or former spuse in connection with a property settlement agreement or decree of dissolution of marriage or legal seperation:


My mother's copy is not signed by him, looks like she was cc'd on the original. My mom said she hasn't gotten anything back or completed copies of this form. This was done back in 1987.

If my dad, in fact, signed this and it was recorded, would this be sifficient to get his name off title??

 

[HomeGuru]

Yet, thanks again....guess what I found a reason to ask you one more question. In my mother's papers I found a document called" Interspousal Transfer Deed" It's a copy that her attorney sent my dad/his attorney. It's has a check mark in the box: A transfer to a souse or former spuse in connection with a property settlement agreement or decree of dissolution of marriage or legal seperation:


My mother's copy is not signed by him, looks like she was cc'd on the original. My mom said she hasn't gotten anything back or completed copies of this form. This was done back in 1987.

If my dad, in fact, signed this and it was recorded, would this be sifficient to get his name off title??

**A: yes but dream on. No deed was ever signed by Dad.

 

[dannysmyboy]

**A: yes but dream on. No deed was ever signed by Dad.

You're not only smart, but very perceptive. I'm going to call my mother's former attorney and find out if she ever got any signed copies back. The Interpousal Transfer Deed form that I found, stated that once recorded, to send it back to to the attorney's address.. It had all the appropriate fields filled out, but no signatures.

so we will see**************

 

[HomeGuru]

You're not only smart, but very perceptive. I'm going to call my mother's former attorney and find out if she ever got any signed copies back. The Interpousal Transfer Deed form that I found, stated that once recorded, to send it back to to the attorney's address.. It had all the appropriate fields filled out, but no signatures.

so we will see**************

**A: ok, I'll be waiting for a response.

 

[dannysmyboy]

Well, Well, Home Guru...you again are the smartest person I've written to.
Of course, it was never done. I called the attorney, and her assistant pulled the file and they have the same blank copy that we do.... humm.

My mother is going to hire the attorney again, for some other support issues (details in spousal support forum). What do you think would be the way the attorney or judge would handle my dad, as far as getting him to sign this form?? It's been over 20 years and there have been 3 tries to get him to sign. Would they make him sign right there in the court, when the date is set, or just send him "more letters"???....just curious. My mom's date with her attorney isn't until Feb. 13 (4 weeks away). Her attorney is also a judge and is sitting in a case until Feb 9, so we have to wait. In the meantime, I'd thought I'd get some perspective from this site.