Divorce and property

[ngarcia90]

What is the name of your state (only U.S. law)? Washington state


I am going through a divorce, while I was married my husband and I were added with a quick claim to my fathers property. The only reason my father allowed us to do a quick claim to get a small mortgage to do an addition to my fathers house, where my soon to be ex and I lived. I still live here but he moved out 4 years ago. I have been the only one paying on the mortgage because my ex has never had a job and then he moved out. The property was owned by my fathers uncle before he gave it to him, and has been in the family for over 50 years. My father pays the mortgage and taxes on the property, and I pay the second mortgage that we took out. My ex doesn't and never did pay towards this mortgage.

Does he have a right to this property? Would it be a good idea for the family to take the ex into civil court??

 

[mistoffolees]

What is the name of your state (only U.S. law)? Washington state


I am going through a divorce, while I was married my husband and I were added with a quick claim to my fathers property. The only reason my father allowed us to do a quick claim to get a small mortgage to do an addition to my fathers house, where my soon to be ex and I lived. I still live here but he moved out 4 years ago. I have been the only one paying on the mortgage because my ex has never had a job and then he moved out. The property was owned by my fathers uncle before he gave it to him, and has been in the family for over 50 years. My father pays the mortgage and taxes on the property, and I pay the second mortgage that we took out. My ex doesn't and never did pay towards this mortgage.

Does he have a right to this property? Would it be a good idea for the family to take the ex into civil court??

First, you weren't added to the father's property via quick claim. You signed for a mortgage in order for him to add an addition. To ensure that you didn't get any property rights, you signed a quit claim deed so you were specifically NOT added to the deed (at least I assume that's what happened).

If you and your husband signed the mortgage while you were married, then you're jointly responsible for it. You don't have any claims on the property that I can see. Whether you paid the mortgage or your stbx paid it isn't really relevant.

You have two choices. You can get into a fight where your chances of winning are slim - unless there are other factors not listed here) or you can try to settle it amicably. If it were me, I would ask your stbx to take on all future payments on the mortgage since it's his father's house (if he doesn't agree, it wouldn't be unreasonable to ask the judge to make that order). If your stbx or the judge don't agree, then you're going to be stuck with half of the mortgage (legally, you're liable for 100% of it, but when the debt is split by the court, you should be able to recover his half from him after the fact).

The amount you've put into it in the past is gone. Then, find yourself another place to live and move on.

 

[ngarcia90]

It is actually my fathers property and I will be staying there, it is the ex and his lawyer that are wanting to pursue taking part of my fathers property, or making us pay him off for his portion of the property.

I am not worried about him paying anything, he already hasn't. I just don't want him to have a potential to take my dads property.

 

[Farfalla]

First, you weren't added to the father's property via quick claim. You signed for a mortgage in order for him to add an addition. To ensure that you didn't get any property rights, you signed a quit claim deed so you were specifically NOT added to the deed (at least I assume that's what happened).

If you and your husband signed the mortgage while you were married, then you're jointly responsible for it. You don't have any claims on the property that I can see. Whether you paid the mortgage or your stbx paid it isn't really relevant.

You have two choices. You can get into a fight where your chances of winning are slim - unless there are other factors not listed here) or you can try to settle it amicably. If it were me, I would ask your stbx to take on all future payments on the mortgage since it's his father's house (if he doesn't agree, it wouldn't be unreasonable to ask the judge to make that order). If your stbx or the judge don't agree, then you're going to be stuck with half of the mortgage (legally, you're liable for 100% of it, but when the debt is split by the court, you should be able to recover his half from him after the fact).

The amount you've put into it in the past is gone. Then, find yourself another place to live and move on.

You got that mixed up, the addition and the quit claim were on her father's house not her husband's house.

 

[Farfalla]

It is actually my fathers property and I will be staying there, it is the ex and his lawyer that are wanting to pursue taking part of my fathers property, or making us pay him off for his portion of the property.

I am not worried about him paying anything, he already hasn't. I just don't want him to have a potential to take my dads property.

Based on mistoffolees's very informative above post.....

If what both of you signed was indeed quit claim (it is NOT quick claim), what you signed is a document specifically stating that you and your husband have NO claim to the property. Hence your husband has no claim whatsoever to your father's property.

You need an attorney to check out the quit claim deeds and all paperwork signed at the time. If indeed it was a quit claim your husband signed he has no claim. Have the attorney send a letter to his attorney with a copy of the quit claim pointing out that this means your husband has no claim to the property.

 

[LdiJ]

Based on mistoffolees's very informative above post.....

If what both of you signed was indeed quit claim (it is NOT quick claim), what you signed is a document specifically stating that you and your husband have NO claim to the property. Hence your husband has no claim whatsoever to your father's property.

You need an attorney to check out the quit claim deeds and all paperwork signed at the time. If indeed it was a quit claim your husband signed he has no claim. Have the attorney send a letter to his attorney with a copy of the quit claim pointing out that this means your husband has no claim to the property.

I think that mistoffolees got it wrong.

I think that her father is the one who signed a quit claim deed to add her and her husband to the property. I think that is why her husband is trying to make a claim on the equity in the home.

 

[mistoffolees]

You got that mixed up, the addition and the quit claim were on her father's house not her husband's house.

Yes, I got it mixed up - but the relevant facts are still correct.

The quit claim means that neither of them has any claim on the property. Period.

The mortgage means that they are BOTH responsible for the debt. That debt is likely to be split in the divorce by default, however, the husband (in the actual case given) will not be living in the house, so he could easily ask the judge to remove him from future responsibility since the OP will be living in the house and he will not. I don't think it's clear cut enough to say whether that would carry any weight. I would guess that it might fly, but only if 100% of the loan money went into her father's house.

 

[mistoffolees]

I think that mistoffolees got it wrong.

I think that her father is the one who signed a quit claim deed to add her and her husband to the property. I think that is why her husband is trying to make a claim on the equity in the home.

That doesn't make sense. The property was in her father's name.

First, the daughter and son-in-law signed a mortgage on the property. The bank already has a lien on the property at that point. Why would he need to give them property ownership in order for that to happen? It's certainly possible that he gave them ownership earlier or later for other reasons, but she said it was specifically needed for them to take out a loan.

Second, I don't think you can ADD someone via a quit claim. A quit claim says that you give up any rights you might have in a given property. If you want to GIVE someone rights to a property you own, you need some type of transfer agreement. I don't think you could do that with a quit claim.

In any event, it's unclear exactly what was signed and who signed what. OP really needs to clarify exactly what the document says in order to get good advice.

If it really is a quit claim that the daughter and SIL signed waiving any rights to the property, then she has nothing to worry about. If it's something else, all bets are off.

 

[LdiJ]

That doesn't make sense. The property was in her father's name.

First, the daughter and son-in-law signed a mortgage on the property. The bank already has a lien on the property at that point. Why would he need to give them property ownership in order for that to happen? It's certainly possible that he gave them ownership earlier or later for other reasons, but she said it was specifically needed for them to take out a loan.

Because its quite likely that the bank wouldn't have given them a mortgage on a property where they had no ownership interest. Most likely they needed an ownership interest in order to gain a mortgage. After all, they cannot pledge an asset they don't own, as colleratal for a loan.

Second, I don't think you can ADD someone via a quit claim. A quit claim says that you give up any rights you might have in a given property. If you want to GIVE someone rights to a property you own, you need some type of transfer agreement. I don't think you could do that with a quit claim.

Its possible to quit claim a percentage of ownership. Its also possible to very stupidly quitclaim entire ownership thinking that all you are doing is allowing a loan to happen.

In any event, it's unclear exactly what was signed and who signed what. OP really needs to clarify exactly what the document says in order to get good advice.

If it really is a quit claim that the daughter and SIL signed waiving any rights to the property, then she has nothing to worry about. If it's something else, all bets are off.

Actually, at this point everybody needs to consult an attorney, and particularly OP's father.
I don't believe that OP and her husband signed a quit claim deed. She clearly stated that they were added to the deed and clearly a bank won't accept an asset as collateral that the borrower doesn't own.

 

[mistoffolees]

Because its quite likely that the bank wouldn't have given them a mortgage on a property where they had no ownership interest. Most likely they needed an ownership interest in order to gain a mortgage. After all, they cannot pledge an asset they don't own, as colleratal for a loan.

No, but it doesn't say that the kids got the mortgage. The wording is consistent with a mortgage in the father's name with the kids co-signing. That doesn't require an equity position on their part.

And then he may have asked them to sign a quit claim to make it clear that they were not getting an equity position.

But until the OP posts the wording of what they really did, we'll never know.

 

[MTHRaye]

My father pays the mortgage and taxes on the property, and I pay the second mortgage that we took out.

If read correctly... Father has added them to the deed. He will still have to be on there to hold his mortgage and the "we" assuming it to be OP and hubby had to have been added to get a 2nd Mortgage in their name.

Very possibly dad signed a quit claim that transfered the property to all 3 of them. In that case...

Its also possible to very stupidly quitclaim entire ownership thinking that all you are doing is allowing a loan to happen.

Dad certainly needs an attorney because sadly it sounds like OP and dad might owe hubby something.

 

[mistoffolees]

If read correctly... Father has added them to the deed. He will still have to be on there to hold his mortgage and the "we" assuming it to be OP and hubby had to have been added to get a 2nd Mortgage in their name.

Very possibly dad signed a quit claim that transfered the property to all 3 of them. In that case...

There are a number of reading of what was written. With my reading, they have nothing to worry about. Plus, the fact that they talked about a 'quick claim deed' makes the entire thing suspect.

Until OP writes specifically what occurred, it's going to be impossible to answer. She needs to say:
1. Who is on the deed? How does the ownership part of the deed read?
2. What does the quit claim deed say.

Until those are answered, there's no point in further discussion.

Dad certainly needs an attorney because sadly it sounds like OP and dad might owe hubby something.

I think everyone agrees with that.

 

[Farfalla]

What comes to mind....


"No good deed goes unpunished."

 

[ngarcia90]

The mortgage is in mine and my father name not with the ex.

The quit claims deed states:
The Grantor Father, as his separate property for and in consideration of Transfer to include Daughter and Son-in-law for no consideration conveys and quit claims to father, as his separate property and Daughter and Son-in-law, husband and wife as joint tenants with rights of survivorship.

 

[ngarcia90]

Sorry, my sbex has never signed any paperwork to be put on the property my father was the actual one that signed the quit claim deeds. see posting above.