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08-30-2008, 02:13 PM
| | Junior Member | | Join Date: Sep 2007
Posts: 5
| | | Upon signing of a quit-claim deed, how long until they must leave the property?
What is the name of your state (only U.S. law)? NC
My ex-wife has agreed to signing a quit-claim deed as I refinance a house that we purchased. Once it is only in my name and she has signed a quit claim, how long must I allow her to vacate the property?
Also, what about appliances and such that are on the property? If she bought them while living at the property, but there is no detail about them in the quit-claim, who has rights over them? I'm speaking of a stove and a refridgerator.
She has agreed to rent the place from me for a few months until she finds a new home, but if she causes problems before the rental agreement is signed can she simply be removed from the property because of the quit-claim deed? |
08-30-2008, 03:20 PM
| | Senior Member | | Join Date: Mar 2006
Posts: 6,673
| | | I depends on the time listed in your purchase/transfer contract or jcourt judgment. Otherwise, she is a tenant and you evict or notice appropriately.
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08-30-2008, 04:46 PM
| | Junior Member | | Join Date: Sep 2007
Posts: 5
| | | What purchase/transfer contract? The court didn't award anything. Unless the bank is going to do a contract there won't be one. |
08-30-2008, 06:08 PM
| | Senior Member | | Join Date: Mar 2006
Posts: 6,673
| | | See, that's where the "otherwise" comes into effect. Without an outside agreement, you should evict per your state's landlord/tenant laws.
__________________
When you are a Bear of Very Little Brain, and you Think of Things, you find sometimes that a Thing which seemed very Thingish inside you is quite different when it gets out into the open and has other people looking at it.
--W. T. Pooh (aka A. A. Milne) |
09-01-2008, 08:50 PM
| | Senior Member | | Join Date: May 2000 Location: Catatonic State
Posts: 75,781
| | Quote:
Originally Posted by jamesish  What purchase/transfer contract? The court didn't award anything. Unless the bank is going to do a contract there won't be one. | **A: the you're on your own Mr. Once the deed is signed, she becomes a tenant and the L/T laws prevail. |
09-21-2008, 11:00 PM
| | Member | | Join Date: Mar 2008 Location: North Carolina
Posts: 118
| | | it depends on who can prove the appliances belong too. if she has receipts she can walk with the items or if you own them jointly you would have to pay her off to keep them. |
09-22-2008, 07:19 AM
| | Senior Member | | Join Date: Feb 2007
Posts: 8,287
| | | Whether refrigerators are fixtures depends on your local custom. In some places they are, some they aren't. Stoves are almost always. Once they are installed they become a fixture and they follow the conveyance of the property unless otherwise accounted for. It matters NOT who pays for what.
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09-22-2008, 10:42 AM
| | Member | | Join Date: Mar 2008 Location: North Carolina
Posts: 118
| | | a fixture is something that is permenantly attached to the property. something that will cause damage if you remove it such as; a tree, a ceiling fan, faucet, door knob or carpet.
An appliance isn't something that is permenantly attached, there is no harm in unplugging an appliance. The only way the appliance will be a fixture if it was apart of an agreement to replace one that was damage, plus by the co owner has part ownership then they would have to agree who takes what. |
09-22-2008, 12:03 PM
| | Senior Member | | Join Date: May 2000 Location: Catatonic State
Posts: 75,781
| | Quote:
Originally Posted by CharlotteInvest a fixture is something that is permenantly attached to the property. something that will cause damage if you remove it such as; a tree, a ceiling fan, faucet, door knob or carpet.
An appliance isn't something that is permenantly attached, there is no harm in unplugging an appliance. The only way the appliance will be a fixture if it was apart of an agreement to replace one that was damage, plus by the co owner has part ownership then they would have to agree who takes what. | **A: there are various cases whereby an applicance is a fixture. |
09-22-2008, 10:10 PM
| | Member | | Join Date: Mar 2008 Location: North Carolina
Posts: 118
| | Quote:
Originally Posted by HomeGuru **A: there are various cases whereby an applicance is a fixture. | i love the missouri, show me the various cases you cite so strongly. |
09-23-2008, 09:09 AM
| | Senior Member | | Join Date: Oct 2005 Location: Ohio (southwest)
Posts: 2,290
| | | A built in dishwasher is "permanent" and attached. So is an eye-level microwave. It can not be removed unless it is agreed upon by the seller and the buyer.
Last edited by m martin; 09-25-2008 at 11:18 AM.
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09-23-2008, 12:17 PM
| | Senior Member | | Join Date: May 2000 Location: Catatonic State
Posts: 75,781
| | Quote:
Originally Posted by CharlotteInvest i love the missouri, show me the various cases you cite so strongly. | **A: hmmmmm, let's see, how about a Sub-Zero refrigerator, an above range mircrowave oven, an air conditioner**************..
Last edited by m martin; 09-25-2008 at 11:18 AM.
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09-23-2008, 10:01 PM
| | Member | | Join Date: Mar 2008 Location: North Carolina
Posts: 118
| | Quote:
Originally Posted by LindaP777 A built in dishwasher is "permanent" and attached. So is an eye-level microwave. It can not be removed unless it is agreed upon by the seller and the buyer.
Charlotte, shut up or go away. Seriously. | a dishwasher is attached and so is an eye level microwave. if you remove a dishwasher you have a hole in the wall. anytime you say built in, does not relate to an appliance. a toaster oven is an appliance so is a tv when ever you need a skilled craftman to install something it is not an appliance. a flat screen tv hang on a wall can be considered permenant but not a floor model.
Last edited by m martin; 09-25-2008 at 11:19 AM.
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09-23-2008, 10:11 PM
| | Member | | Join Date: Mar 2008 Location: North Carolina
Posts: 118
| | Quote:
Originally Posted by HomeGuru **A: hmmmmm, let's see, how about a Sub-Zero refrigerator, an above range mircrowave oven, an air conditioner**************.. | do you get what you are saying, you aren't talking about a standard microwave if you were we wouldn't be having this conversation. you say an above range mircowave, what is holding it above? something is attaching it mounting it. you have got to be an idiot for saying an air conditioner. which are you referring to a window unit, condenser or the complete gas pack. if you are referring to a window unit that is not an attachment unless you have it mounted with plywood and nailed down, something a jackleg contractor would do. or how about the a/c units that sit in a corner of the house that you plug in, is that an attachment.
Last edited by m martin; 09-25-2008 at 11:19 AM.
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