Losing Your Home In A Divorce
My ex-wife was awarded the house in our divorce. Her lawyer sent me a quick claim deed and said I need to sign over my rights and get the quick claim deed notorized. She said my ex -wife will pay $5 when I sign over my rights to the house. Is this legal? Do I have to give up my rights to the house that easy and that cheap? Do I have a say in how much I am willing to sell my rights to the house without violating the court order. [ Edited by guardfist on Date 10/14/2004 ]
Typically, the division of real property gets negotiated & documented during the proceeding of the divorce. Your attorney should be able to answer these details for you.
Remember, even though your giving your interest in the property to her, it doesn't relieve you of the mortgage commitment. Anotherwords, if she defaults, they can still look your way.
Best of luck, Mark
guardfist,
Don't know what happened in your divorce proceding, but at the end when the judge makes an order, you have to obey what the court tell you to do, otherwise you are in contempt of the court order. Is $5 some sort of reimbursement of notary fee or something?
It seems like it is done deal. She got the house and you did not. We are mortgage broker, so we see this kind of situation all the time. If you are currently on the mortgage, you will be still responsilbe for it after signing over quit claim deed untill your ex wife refinances it by herself. I don't know what your divorce decree says, but it should say something about mortgage payments and refinancing. If not, before signing quit claim deed, have your attorney draft some agreement that she is responsible for mortgage payments and she is to refinance the mortgage by such and such date (give her a deadline) The agreement also should indicate that if she does not pay the mortgage or she is late to pay it for more than 30 days, or she did not refinace it by the deadline, you should get the property back. Or something like that. Talk to your lawyer, if that is possible.
It really sucks to get divorced, and lose your property like that. Good luck!
Did you have an attorney? Doesn't sound like it. If you do not have an attorney, you should really get one. I don't think the courts would order that you give up your monetary rights to a home that both you and your wife shared. I believe her being awarded the home meant she is the one allowed to live there (probably you two have children that will also live there). Usually she would have to "buy you out" - give your share of the current equity in the home (under normal circumstances 50%). That is usually done by a refinance - also home would go into her name only. Before you sign anything - seek legal advise or you may sign away rights that you didn't need to. GOOD LUCK! :-o
I did not have a divorce attorney. We had one hearing before the judge granted the divorce. At that hearing the judge said she would look at what my ex-wife and I agreed to then decide who gets the house. My ex-wife and I had agreed that we would share the house. I would pay the morgage and taxes while my ex got to live in the house. I would claim the house on my taxes. We also agreed to split any major house repairs over $1000. When I received a copy of the divorce decree four months later, it had my ex getting the house. I was ordered to pay the morgage, property taxes and all repairs over $1000 by myself. If I knew things would turn out so one sided I would have ensured that i had a attorney and requested divorce proceedings with a jury. Is there any way I can fight this.?[ Edited by guardfist on Date 10/15/2004 ]
As advised previously you really need to speak to an attorney reagarding this matter.
guardfist,
Do you have some paperwork stating what you guys agreed on? (Stipulation)
Do you know if the judge knows what you agreed on?
Do you think the judge simply misunderstood your agreement?
Just few questions come to my mind...