Final Decree

[proctore]

What is the name of your state (only U.S. law)? New Mexico
I was wondering what move should I make next if my wife and I purchased a home during the marriage (on a VA) and now she doesn't want to have to buy me out of the house. There was a quitclaim deed signed by me but will that give her the right to bypass the marital property deal? And is there anything that I can do to keep the process (divorce) going. As of now it has stalled awaiting her and her attorney.

 

[Ohiogal]

WHY did you sign a quit claim deed?

 

[proctore]

I did what people always say not to do, I signed it without understanding my rights and out of hast. Can you give me any advice?

 

[Ohiogal]

I did what people always say not to do, I signed it without understanding my rights and out of hast. Can you give me any advice?

Unless a court orders her to buy you out she doesn't have to because you just GIFTED HER your entire interest. She may have to refinance to get you off the mortgage but whether she has to buy you out at this stage is a guess. In the interest of equity I could see a court ordering her to do. Where is the quit claim deed now?

 

[proctore]

It was signed a year and a half ago and is filed in the state of Arkansas. I think that I would be alright just to have my name off of the property but it seems as if she just wants to stay in the home and not make any moves to re-fi. Do you know if there is anything I could file with the court here in New Mexico to at least get the process moving a little towards finalizing the divorce?

 

[mistoffolees]

Do you know if there is anything I could file with the court here in New Mexico to at least get the process moving a little towards finalizing the divorce?

Yes. You file for divorce. After that, it moves at the court's schedule and there's rarely any way to speed it up - certainly no way to do it without an attorney.

 

[mistoffolees]

Unless a court orders her to buy you out she doesn't have to because you just GIFTED HER your entire interest. She may have to refinance to get you off the mortgage but whether she has to buy you out at this stage is a guess. In the interest of equity I could see a court ordering her to do. Where is the quit claim deed now?

It's complicated by the fact that NM is a community property state. In that state, anything either party acquires is split equally - EXCEPT when something is acquired as a gift.

New Mexico Divorce Laws - New Mexico State Divorce Laws

OP really needs to see a NM attorney to see whether local practice would consider the quit claim to be a gift or not. For example, if stbx gave him something in return for a quit claim, it might be considered a purchase rather than a gift and he might be entitled to half of the equity.