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Lawyer - to enforce the judicial order from the divorce.

The way it works in this part of the country is that she would have to quit-claim her interest so that a new deed can be issued in his name only. If she refuses, that is grounds for motion for contempt to be filed in the divorce case. I'm surprised that an attorney hasn't mentioned taking her back to court for contempt, since she hasn't done what she should have done. (sign a quit-claim). Did he ever present her with a quit-claim to sign? Was she supposed to do it and give it to him? What does the divorce say? Usually there is specific language detailing what is to happen... not just "he gets the house" or some lay-person language.

And if she is on the deed, guess who the LEGAL owners of the property are? Yep... those names listed on the deed to the property. That's sort of the point of the deed, right?
Are you sure he has actually consulted with an attorney? Or did he rely on what his ex-wife TOLD him HER lawyer said??

He needs to get her name of the deed. He shouldn't have to have her sign. If he takes the divorce paperwork to the mortgage company, they should take his name off. (That's the way it worked on my old house.)

If he dies before her name is removed the house will go to the ex. The current wife will have to fight for it, and even then it's not a given that she'll get it.

he should get his lawyer who drew up his will to get that womans name off the deed. it will go to his ex not his current wife if he doesnt get her name off the deed and the ex wife clearly knows this. it be such a hassle for the current wife to undertake losing her husband and home and then court to keep her home later on. just make him call his lawyer who did his will, he will help.

AS long as his divorce decree specifically states that he is the SOLE owner of the specified property, the ex will NOT get the house NO MATTER WHAT!!!!!!!!!!!! Obviously this will be much easier if the quit claim deed is done now rather than if he passes.

Also there is something called homestead rights. That means the *current* spouse gets the home, so long as they live in the specified property together.

He should send the ex a certified letter with the prepared deed in it with directions to sign it & make sure she signs it in front of a notary.

If she refused to sign it then he needs to take her back to court to have the judge hold her in contempt if she does NOT sign the deed. In fact take the prepared deed to the court house so the judge can force her to sign it right there. It will have to be notarized but there are plenty of notaries that work there in the court house.

He can also start the refinance process and have the bank/mortgage broker help him with the process. Some title companies may be willing to work around the quit claim deed problem. He/You can even call a Title company and ask to speak to the head Title Examiner about this problem. I have been able to get around having a deed signed in very rare/complicated situations. There are lead attorneys that work at the Title company that will make this decision. We have even got Judges to approve such situations.

BE 100% positive that the divorce decree specifically states he is to get the property stated.

And this is my field of expertise for 20+ years.

BTW The ex's credit score has absolutely nothing to do with him being able to refinance. Even if she had horrible credit & they were still married, she doesn't have to be on the mortgage loan just because she is on the title to the house, they don't have anything to do with each other.

In my divorce my ex had 2 weeks to sign the quit claim deed because I was required to refinance the mortgage taking his name off in six months.

She is in contempt and can be imprisoned for it.

If he has a court order saying its only his, it should have been quick deeded over to him 12 years ago. I would as a mortgage broker how he can get her off the quickest and easiest way. Ideally it would be as simple as showing the court order but I doubt that alone would be enough, she likely has to sign. He will probably have to file something with the court but really, he needs to get some advice from an expert. Hopefully someone on here will know for sure, but yes, if her name is not removed from the house, the ex will get it if he's deceased. Good luck.