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Ex partner agreed to sign a quit claim deed as part of the parenting plan back in March 2019. To this point he is refusing and still won’t sign it and submit to recorders office. Is this something I can file a motion of contempt on? And if so what is the correct process or form I should use for Illinois?

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The required form for a parenting plan is here, and the form for judgment of dissolution of marriage / civil union is here. As you can see, the parenting plan has no provisions for signing quitclaim deeds, instead that is with section H of the dissolution form. Presumably you filled in section H, the judgment was entered, the case is closed, and now it has to be enforced. As this article says, "It is very difficult to get the opposing party to sign a quit claim deed to you after the case is closed, and it can be time-consuming and costly to bring the matter back into court...The issue of obtaining a quit claim deed can more expeditiously be handled while the divorce case is pending and the parties still have leverage over one another". There is no simple "file a form" solution. Although a Marital Settlement Agreement is legally a contract, if one party refuses to abide by the terms of the contract you have to sue them. So you need a lawyer.

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  • Sorry instead of parenting agreement, it was actually a settlement agreement. Does this make a difference? – Chris Oct 16 '20 at 1:41
  • Illinois really is dreadful procedurally on this score. It might be possible to file an enforcement petition in the same court under 750 ILCS 5/511 but how that is done is vague at best. In Colorado it would be a simple post-trial Rule 70 motion ordering a clerk to sign it on behalf of the spouse, but Illinois is much harder and really does call for a lawyer. – ohwilleke Oct 16 '20 at 2:52

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