Blues after seperation greement

[mouncer]

What is the name of your state? New York
I will try to make this as simple and straightforward as possible. Recently my spouse and I signed a seperation agreement. Using the kids I let her talk me into giving up all my rights to the house which the deed is in both of our names. In order for me to do this I would need to file a "quit deed" claim which I have not done as of yet and do not want to. We have 2 kids and I am paying the standard 25% percent of income for child support. When we signed the agreement she agreed that she would assist me financially when I was ready to purchase a house for myself. This was NOT placed in writing on the seperation Agreement. Now she is saying that she does not have any money to help me with buying a house but she is spending $10,000 to remodel the kitchen. We have $75,000 worth of equity in the house, which 1/2 would have been mine, which would have been a nice down payment on a house for me. Initially I agreed to this because I did not want to force her to sell the house because I wanted my kids to have a stable environment. Now I feel I have been taken for a ride. After paying all my bills and child support I do not have enough to put into savings in order to save for a down payment on a home. So I am locked into a renters cycle which I am beggining to dislike. So my question is can I be forced to sign the "quit deed" claim by the courts once the divorce papers are finalized? Do I have any recourse at all? In hindsight I should have consulted a lawyer, but I was trying to do this in the most civil way possible. Any advice would be greatful. Thanks!

 

[LdiJ]

What is the name of your state? New York
I will try to make this as simple and straightforward as possible. Recently my spouse and I signed a seperation agreement. Using the kids I let her talk me into giving up all my rights to the house which the deed is in both of our names. In order for me to do this I would need to file a "quit deed" claim which I have not done as of yet and do not want to. We have 2 kids and I am paying the standard 25% percent of income for child support. When we signed the agreement she agreed that she would assist me financially when I was ready to purchase a house for myself. This was NOT placed in writing on the seperation Agreement. Now she is saying that she does not have any money to help me with buying a house but she is spending $10,000 to remodel the kitchen. We have $75,000 worth of equity in the house, which 1/2 would have been mine, which would have been a nice down payment on a house for me. Initially I agreed to this because I did not want to force her to sell the house because I wanted my kids to have a stable environment. Now I feel I have been taken for a ride. After paying all my bills and child support I do not have enough to put into savings in order to save for a down payment on a home. So I am locked into a renters cycle which I am beggining to dislike. So my question is can I be forced to sign the "quit deed" claim by the courts once the divorce papers are finalized? Do I have any recourse at all? In hindsight I should have consulted a lawyer, but I was trying to do this in the most civil way possible. Any advice would be greatful. Thanks!

Yes, you absolutely can for forced to sign the quit claim deed if you have already signed the agreement.

Get a consult with a local attorney...FAST, to see if there is any way of withdrawing your agreement.

 

[mistoffolees]

It's not clear where you are in the process. As I understand it, you've signed an agreement with your wife, but have not yet had the court approve it. If that's the case, you've got a good chance, but need to get an attorney ASAP. Until the court approves it, nothing's really final.

If, OTOH, you have a court order and final documents, there's probably little you can do - and you could be found in contempt if they told you to sign a quit claim and you refuse.

 

[mouncer]

Nothing is final at this point as far as a divorce agreement. We just signed the seperation papers and had them notarized. I guess my biggest fear is that she will sell the house a few years down the road if she gets re-married and walk away with everything.

 

[Ohiogal]

Nothing is final at this point as far as a divorce agreement. We just signed the seperation papers and had them notarized. I guess my biggest fear is that she will sell the house a few years down the road if she gets re-married and walk away with everything.

You should have had this fear BEFORE signing because she could. You have a contract and to undo it you will NEED an attorney. Especially if the contract (separation agreement) states that it shall be incorporated into a final divorce.

 

[Bali Hai]

What is the name of your state? New York
I will try to make this as simple and straightforward as possible. Recently my spouse and I signed a seperation agreement. Using the kids I let her talk me into giving up all my rights to the house which the deed is in both of our names. In order for me to do this I would need to file a "quit deed" claim which I have not done as of yet and do not want to. We have 2 kids and I am paying the standard 25% percent of income for child support. When we signed the agreement she agreed that she would assist me financially when I was ready to purchase a house for myself. This was NOT placed in writing on the seperation Agreement. Now she is saying that she does not have any money to help me with buying a house but she is spending $10,000 to remodel the kitchen. We have $75,000 worth of equity in the house, which 1/2 would have been mine, which would have been a nice down payment on a house for me. Initially I agreed to this because I did not want to force her to sell the house because I wanted my kids to have a stable environment. Now I feel I have been taken for a ride. After paying all my bills and child support I do not have enough to put into savings in order to save for a down payment on a home. So I am locked into a renters cycle which I am beggining to dislike. So my question is can I be forced to sign the "quit deed" claim by the courts once the divorce papers are finalized? Do I have any recourse at all? In hindsight I should have consulted a lawyer, but I was trying to do this in the most civil way possible. Any advice would be greatful. Thanks!

There ain't no such thing as a "civil" divorce. Wise up!!

 

[LdiJ]

You also might consider what else is in the agreement that will be re-open if you are able to withdraw it. Its not that just the issue of the house will re-open, its everything.