Is Quit Claim Deed Necessary
I have been divorced for 5 years and I was awarded the house in our pro se divorce settlement. We had just purchased our house a year before we filed and had no down payment so there was little if any equity in the home at the time. My ex did not want the house because she could not afford the mortgage payments. BUT she assumed that I would have to pay her all of this money for the house. I do not believe that I do owe her, since I have been the only one paying for tax payments and mortgage payments. I refinanced the mortgage in my name only, however about two years ago, I refinanced. And discovered that her name was still on the title to the house. I was not aware of any further steps needed to be taken after our final divorce settlement. I then confronted her about signing a quit claim deed as the lender told me I needed, but she refused, saying she would not sign anything until she was paid money for the house. I don't have any money to pay her and although we have joint custody of our 2 kids, I pick up all expenses, medical, school, insurance, etc. (That is another issue entirely). I am not very educated and I would really appreciate any advice. The lender was satified with the divorce decree so I was able to refinance, however her name is still on the title. Is there anything else I can do to get her name off the title, or can she be forced to in some way? She will not do it willingly.
You should probably consult your divorce attorney on this one.
Good luck,
Andrew
Quote:
On 2004-08-09 19:41, hyundai wrote:
You should probably consult your divorce attorney on this one.
Good luck,
Andrew
Agreed. I'm suprised this didn't come up when you refinanced the house.
It did come up, but I gave them my divorce decree showing I was awarded the house. And that was enough for them. And I stupidly did not have an attorney for my divorce.
Franks...
Until I saw your last message, I was going to suggest you sue your divorce attorney for not getting you a quit claim deed from your ex at the time of the divorce!!
However, now that you say you did not use a divorce attorney the only way I can see you getting your wife off the deed without her cooperation is to see (?) if there is a way of getting it court ordered based on your divorce settlement agreement.
Of course, the preferred way is to get your ex to sign a quit claim deed to you. How to persuade her? Other than paying the money she demands maybe a letter to her from an attorney stating that you are going to court to get her off the title in which case she will get nothing. Maybe there is a way of suing her directly (?) and in the attorney letter warning her that she will be responsible for paying all court costs and your attorney fees. That should get her to thinking!!
Good Luck... Larry
[ Edited by Larrygs on Date 08/11/2004 ]
It seems a divorce decree signed by a judge or magistrate would be enough.
Years ago my dad died and the house was awarded to me through probate(I was a 16 yo minor at the time). I was astonished at the time to learn no new deed was needed, only the court papers, to show my ownership.
Therefore, I wouldn't worry about her name on the deed. Whenever you go to sell you just show the buyer, or their attorney, you divorce decree awarding you the house.
Why does she think she's going to get money? Was there some agreement during the divorce to this effect? If so, you could sell now, while there's little equity and save havng to potentially pay her more in the future.
D. Sullivan
The real issue, it seems to me, is what title interest does your X really still have in the house.
Maybe some. Maybe none.
I think I'd stop by and chat with a title officer at a title co. and have him/her pull it up and give you his/her opinion as to whether your X does indeed still have an interest in the house, and what, if anything the title co. would want from her if you sold the house.
Tell the title officer you're thinking of selling it and just want to know what you need to sell it...and of course you're going to use that title co. when you do.
Since the divorce J may have given you the house and may have eliminated the X's interest, you may now be the sole and only owner...and need nothing from your X.
If it did give you the house you should have recorded that Judgment, and if you haven't, ask the title officer if it would help or hurt your title for you to record it now.
When you see the title officer, take a copy of the divorce J along so he/she can see exactly what the judge did sign.
I would definately get her off the title or it will haunt you in years to come (when you actually want to sell). I would seek legal advice from an attorney so that you can legally get her name off the title. Do not leave her name or she will be entitled to half of the equity at the time of sale (and she will also have to sign - which she may or may not). Because of your divorce papers, your attorney can have her court ordered to sign a quit claim deed. If you can't afford an attorney, have a consultation with one (about 50-75 dollars) and get the advice of what steps you need to take on your own in resolving this matter.
Well a great deal depends on what state you are in but . . .
Assuming that you are in a title insurance state then your lender got a title policy when they made the loan. Therefore the risk was not theirs but the Title Company's. If you are in a state that allows land trusts you might think about transfering title from your name to the name of the trust, get title insurance on that transfer to insure over any interest your ex might have and you should be good to go.