Because the deed reflects the ownership interest of each person named on the deed, removing someone with or without their permission from the deed is not a simple matter. Fortunately, there are options and an attorney can help you navigate this process.
Title Actions in Massachusetts
Quiet Title Action in Massachusetts
When a real estate dispute exists, a quiet title action may be the next move that you will need to take to settle that dispute. When one party is seeking to determine who has ownership rights in a piece of real estate, the quiet title action may be the best choice. This matter is brought, by an attorney, to the Superior or Land Court in Massachusetts. Typically, an attorney will bring a property dispute to the Land Court because judges in these courts have more experience in matters specific to real estate disputes of this type.
Try Title Action in Massachusetts
The Try title action is another option available to Massachusetts real estate owners when property disputes exist. This action makes the opposition bring every claim to a property in one action. The attorney will consider using the Try Title action as an alternative depending upon the nature of the property dispute.
“I Was Awarded Our Home by a Judge but my Husband Won’t Sign the Deed”
It is common in Massachusetts where a couple has divorced for one party to be required by court order to sign a quitclaim deed relinquishing ownership of the deed. Relinquishing ownership in a divorce setting is not as simple as just granting the property to the other spouse. Instead, a new deed will be drawn up granting the property to the spouse (as per the court order), and when this new deed is recorded in the Registry of Deeds in Massachusetts it will be accompanied by a copy of the divorce decree.
But, what happens when the other spouse refuses to sign the quitclaim deed? In this case you have a few options:
- Contact your attorney. It is possible that the divorce decree with contain language indicating that the title is transferred as a result of the decree. This would be the best result.
- Force the hand of your opponent. Your attorney may be willing to contact your spouse informing him or her of the divorce decree and their responsibilities under that decree.
- Seek contempt of court. File a contempt complaint with the court which your spouse will be forced to answer or face fines, jail time or both.
When Two Parties Legitimately Own the Real Estate
Sometimes there are two or more parties on a deed and each is a legitimate owner of the real estate but they disagree as to how to manage the property. The solution to this problem is for one owner to file an action in partition. The partition action allows the court to deal with this type of dispute by, typically, requiring a sale of the home and then splitting up the sale proceeds among the owners proportionate to their ownership interests.
Avoiding the Court System in Massachusetts
A final option, for individuals who wish to avoid the courts is to hire an attorney to assist you by writing a letter to the former spouse. Sometimes a letter from an attorney informing the other spouse of the client’s legal rights in the matter can be give a gentle nudge in the right direction. This strategy does not always work though, and a good attorney will make sure that you are aware of the potential outcomes of such a strategy.
DISCLAIMER:
The information provided in the pages and posts of this website are for general informational purposes only. The information presented on this site is not legal advice, and no attorney-client relationship is formed by the use of this site.
