How can I get a Quit Claim from my husband who was imprisoned? 7 Answers as of June 06, 2014

I had a bifurcation and my ex was imprisoned before any property agreement was ordered. I purchased my home with my credit alone and used my inheritance as a down. I am trying to restructure my mortgage and need a Quit Claim to have my ex-husband removed. In California, how can I get a Quit Claim?

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James M. Chandler | James M. Chandler
Write him a letter and request that he sign a transfer deed.
Answer Applies to: California
Replied: 6/6/2014
Law Offices of John F. Nicholson
Law Offices of John F. Nicholson | John F. Nicholson
Try to get him to agree to execute a Quit Claim. If he refuses you can finish up the property division in family law court. If that isn't possible then you will need to start a quiet title civil action to obtain a Judgment that allows the court to execute it. This takes a year or more to get this done.
Answer Applies to: California
Replied: 6/6/2014
Law Offices of Gerard A Fierro
Law Offices of Gerard A Fierro | Gerard A Fierro
You need to contact the legal office of the prison and find out if you mail him a Quitclaim Deed whether they will allow him to sign it with a Notary Public (if available) and mail it back. Another option is to go to the prison with a Notary Public for him to sign the Deed. You will have to find out from the prison if this is permitted or whether you would be behind a a glass separation.
Answer Applies to: California
Replied: 6/6/2014
Law Office of Martin A. Kahan | Martin A. Kahan
Have you asked him to sign? If he refuses, you need to petition the court for an order.
Answer Applies to: California
Replied: 6/6/2014
Steven Alpers | Steven Alpers
You will need a division of the property to change the situation unless your ex agrees.
Answer Applies to: California
Replied: 6/6/2014
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