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Can a court rule to quitclaim?

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SadSally

Junior Member
What is the name of your state (only U.S. law)? Minnesota

I cancelled the wedding, Brandon moved out of the house we had bought together.

Brandon is not making any payments on the house, I am paying the mortgage alone and want to keep my house. He asked to have a quitclaim deed drawn up by my attorney, which I did, and now he won't sign it.

The mortgage is only 2 years old, there is no equity and the home is worth less than what I owe the bank. Yet, he wants his $50,000, half of the home loan before he'll sign off. He doesn't seem to understand there is no equity and he gets nothing.

Can I take him to court? Do courts rule to make the person sign off the quitclaim deed.? I have a copy of the letter from my attorney stating Brandon's request for a copy of the quitclaim deed. Thank you for your assitance.
 


tranquility

Senior Member
You could go to court, but it would be very expensive and take a long time. You better deal with him or you both are screwed. I would make a deal quick, and if he doesn't, look to stop paying the mortgage. Yes, your credit will be ruined, but I don't think litigation in such a case is going to be worth it.
 

Ozark_Sophist

Senior Member
You need to refinance the mortgage in your name only. He should not sign away his interest in the house if he remains financially liable in the event you do not make payments.
 

JETX

Senior Member
Can I take him to court?
Yes, anyone can sue almost anyone else over almost anything.

However, a specific answer would depend on what you want to 'take him to court' over!!
If you mean to force him to pay you 'his half' the mortgage, absent a SPECIFIC agreement to do so, you have no case.

Do courts rule to make the person sign off the quitclaim deed.?
No. The courts will not order him to 'forgive' any rights he might have.

I have a copy of the letter from my attorney stating Brandon's request for a copy of the quitclaim deed.
Not relevant.

Your only options are:
1) Negotiate a 'settlement' in return for his quit claim, or
2) Continue on as you are, or
3) File a 'Partition lawsuit' asking the court to resolve the matter. The risk here is that the court could order the property sold with proceeds or liability split.
 
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Ozark_Sophist

Senior Member
Your only options are:
1) Negotiate a 'settlement' in return for his quit claim, or
2) Continue on as you are, or
3) File a 'Partition lawsuit' asking the court to resolve the matter. The risk here is that the court could order the property sold with proceeds split.
OP is upside down on her house.
 

swrdmbo

Member
Your ex may have mistakenly thought that if he signed a QC deed he would be out from under any responsibilities of the house and mortgage. He probably found out that if he signs a QC deed that he has signed off any rights to the property BUT is still liable for the mortgage as he is a signatory on the mortgage.

I cannot blame him for not wanting to do this.It would be very foolish on his part.

I agree that your only hope is to refinance, and in this market that may be a problem.He may have to wait a while for you to refinance. You might explain to him that it is in his best interests to allow you to stay in the home, make the payments, and allow you to refinance when things look better. He may try to force a sale but if you truly owe more than the house is worth, you will have to ask an inflated price to cover the mortgage and selling costs, so it will most likely not sell.

How can he expect to receive half of the amount of the mortgage?? Does he not get that this is not equity but what is owed on the property?Explain to him that the only way he would be entitled to that is if the mortgage had been 100,000 and he had paid off 50,000 of the PRINCIPAL himself (not both of you), oh..never mind ...the request is so absurd it's not worth going into...Good Luck.
 

Ozark_Sophist

Senior Member
So what?? That does NOT affect the viability of my answers... no more than being 'upside down' affects YOUR suggestion to refinance!!
READ your answers again. Your third SUGGESTION indicated proceeds would have to be split. OP is upside down. THERE ARE NO PROCEEDS, ONLY DEBT.

Your first SUGGESTION is also idiotic. Ex is on the mortgage. Why would ex give up his rights to property for a settlement (for a property that has more debt than value) when he is still on the mortgage. The only settlement would be for OP to refinance (MY SUGGESTION) or sell and split the debt.
 

JETX

Senior Member
READ your answers again. Your third SUGGESTION indicated proceeds would have to be split. OP is upside down. THERE ARE NO PROCEEDS, ONLY DEBT.

Proceeds does not ALWAYS mean profit. Simply, it means WHATEVER the court splits, whether it be an asset or a liability.

Your first SUGGESTION is also idiotic. Ex is on the mortgage. Why would ex give up his rights to property for a settlement (for a property that has more debt than value) when he is still on the mortgage. The only settlement would be for OP to refinance (MY SUGGESTION) or sell and split the debt.
Clearly, you don't understand what NEGOTIATE means!! You have NO information as to whether the ex would agree to a quit claim or not.
As for your suggestion to refinance, there is no lender on earth who will agree to a refi without the spouse (OWNER) approval.
 
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