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A husband and wife filed for and received a divorce. The wife then tried to sell the property but the ex husband's name was still on the deed. Which of the following actions would be best in trying to remedy the situation?

A. suit to partition
B. quiet title suit
C. lis pendens
D. notice of lien

1 Answer

2 votes

Final answer:

The best action for an ex-wife to take if needing to sell property still including her ex-husband's name on the deed after divorce would be to file a quiet title suit.

Step-by-step explanation:

If a husband and wife received a divorce and the ex-wife attempts to sell a property that still includes the ex-husband's name on the deed, the best action to remedy the situation would typically be a B. quiet title suit. A quiet title suit is a legal action that determines the validity of any challenges or claims to the property and clears the title, making it possible to sell the property without any disputes over ownership.

This type of suit would ideally remove the ex-husband's claim to the property if he is not legally entitled to it post-divorce, according to the divorce decree or settlement. On the other hand, a suit to partition is used when co-owners cannot agree on the disposition of the property, lis pendens signifies pending litigation regarding the property's ownership, and a notice of lien is a notice that a creditor claims an interest in the property due to unpaid debt.

User Noel Segura Meraz
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