You have been awarded the house, car, boat, cemetery plot etc. But spouse refuses or is otherwise unavailable to sign the quit claim, pink slip, release, etc. How do you transfer property without the other party’s signature?
You must file a motion or, as it is referred to in Family Law, a Request for Order. The request should be that the court appoint an “Elisor” (someone who is authorized to sign the document in place of the other party) to transfer the property. In Los Angeles County the Request for Order must request that the clerk of the court be ordered to sign the documents. The Request for Order should be filed with the original order requiring the other party to sign documents and otherwise cooperate in effectuating the property transfer. The documents to be signed should be attached as exhibits.
A proposed order should be prepared that specifys what documents are to be signed, by who and where on the document the clerk should sign. If the document is a quit claim deed or an inter-spousal transfer deed should include the address of the property and its legal description. Note that even if the judge signs the order, the family law clerk will not sign it if the order is not specific.
For more information on division of property and debts see Division of Property and Debts