(Closed) Quit Claim Deed advice please?

posted 7 years ago in Home
Post # 3
Member
1763 posts
Buzzing bee
  • Wedding: September 2010

I would try one more time to get her to sign, then get a good lawyer. I am not sure beyond that there is really much else you can doo. Did they have a joint account together or have the payments been coming out of his own bank account?

Post # 4
Member
2095 posts
Buzzing bee
  • Wedding: September 2011

Quite frankly I am in a similar boat with my ex. You can get the quit claim signed all you want. She will still be legally financially responsible for that house unless he refinances and has her name taken off. I could easily sign over my old house to my ex. Unfortunately my name is still on the mortgage. I cannot move on until he either sells the house or refinancse. And according to what we are hearing the estimated value of the house is less than the owed amount. We would have to pay 20k in order to refi and I sure don’t have that. I am stuck with him until who knows when. You might want to look into this from a lender’s POV and not just a real estate agent. There might be more than you think there is.

EDIT: As for threatening her. You have no legal recourse. From the law standpoint if she doesn’t pay then as long as he does they don’t care where the money is coming from.

Post # 5
Member
7431 posts
Busy Beekeeper
  • Wedding: October 2009

Refy her out of the loan. I think that is the only way to get her off of it. You can get her name off the house all you want, she is still on the loan.But, you will have to pay to have her taken off the deed as well

Post # 7
Member
7431 posts
Busy Beekeeper
  • Wedding: October 2009

@Wannabe-diy-bride: Well, my understanding is that if you refy and get her name off, then she has no legal claim to the gain when it is sold. I don’t know much about the legal part of it, unfortunately. maybe you should ask to have this moved to the legal board?

Post # 8
Member
2095 posts
Buzzing bee
  • Wedding: September 2011

@Wannabe-diy-bride: So your concern is not getting her name off of the house but for her to not receive any of the profit from the house. Those are two completely separate issues. The easiest way to do all of this is to refinance the house in his name alone. Tell the ex you get better interest rates now and that is why. Regardless since they both legally own the house she will have to sign off on anything regarding the house. And unfortunately depending on state laws whether she put a dime in or not he might have to buy her out.

I gave my house to my ex. I didn’t want a dime from it. Not all women are like that. I know you didn’t respond to my post, but I am going through a similar situation and I have researched it thoroughly. If it weren’t for the mortgage you would be home free. But since both names are on the mortgage it is a different ballgame.

You honestly need to refinance the home. The bank does not care who is paying the loan as long as it gets paid. I would do some research regarding state laws. There is a distinct possibility that she may be legally entitled to half of that house is when it sells, simply because her name is on it.

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