A final J is a good addition to the title and in fact a court J is often sought just for this purpose.
I’ve seen it used where a city bldg dept wouldn’t let a parcel be divided, but one of the parties to a P & S Agreement sued the other and specifically demanded their agreement be performed by the other party and the court said yes, the RE could and now WOULD be so partitioned and divided.
I was divorced about 6 years ago and I was stupid and didn’t take care of this matter with a property we owned. The loan was in both of our names and the property is too. She moved far away and I havn’t heard from her in the 6 years. I’m not really sure how to find her even. She has at one time since filed bankruptcy and she included the loan in this, even though I have always made the payments, insurance, and everything for the property. Now, I would like to sell this property, but here name is still on the title and loan still. Is there a way to handle this? Do I need to find here and get a quit claim deed? By the way, the home is in Colorado if this matters.
Thanks for the help in advance.
You’re going to have to find her and either get a deed from her or file and serve her with a partition suit.
All you could deliver now would be a deed of your half interest and those aren’t very popular
One consolation is the court is going to award you a large percentage of the property since you’ve made the payments, paid the insurance, etc…and you can prove she walked away by showing the court her BK petition and discharge.
I had a similar situation but I bought a property that had been marital property. The husband later claimed to have half interest. The divorce judgement stated the wife gets the house - no deed. My attorney (he owns the title co) said the divorce judgement is just as good as a deed. The title insurance underwriters paid him off though, so I never found out if my attorney was correct.