PLEASE HELP!!! If I file for divorce what happens to my Quit claim deed.

[lifegoeson]

What is the name of your state? Texas

Please help me out. I am very confused at the moment and I am not sure on what to do.
Here's my situation: I have been "legally" separated for 2yrs ... and by this I mean that 2 yrs ago we wrote a notarized letter stating the date when we last lived together.

At this time, my husband signed a quit claim deed (with the intention of 'giving up" the house to me) it clearly states whether married, separated or divorced.
After this "agreement" was signed I had to move to another city due to my job and in order not to rent or loose the house I offered him to stay there as long as he covered the mortgage payment.

After 6 months of separation we tried to make things work, in fact, we had another child but as of today I have come to realize that this is an impossible relationship. Ok, well, my husband lives in XX city I live in YY city .
My husband is currently residing in our home, the mortgage is under his name. We've had the mortgage for 7 yrs but we pretty much still owe the full amount if the mortgage. The good news is that the house is worth about 40,000 more than what we originally purchased ifor at the current market value. I don't know if that is even relevant .... ????

I have 2 children (a toddler and a baby currently living with me) and I do not want to loose this house. I have already sacrificied a lot to keep this house until the moment. I do not want to ask for a divorce until I know where I stand. I know that as soon as he finds out that I want to file for a divorce he is going to try to either loose the house or get rid of it.

With all this in mind I'd like to know who is the "legal" owner of the property at the moment (besides the mortgage company)??? Who has the complete right to stay in the house at the moment??? AND ..... If I file for divorce, who will be the "legal" owner of the property. By signing the quit claim deed did he pretty much turn over the house to me already????

PLEASE HELP ME I AM LOOSING MY MIND ... ALL INPUT IS GREATLY APPRECIATEDWhat is the name of your state?

 

[LdiJ]

I think that your legal separation is non-existant since you had another child together after you wrote your piece of paper.

Therefore the house is community property. The quit claim deed is probably valid, but half of the equity is going to belong to him.

You REALLY need a consult with an attorney.

 

[lifegoeson]

legal separation is non-existant ???

Thanks for your reply. Would this be the case even if we HAVE NOT lived together for the past 2 yrs ... Remember, we live in 2 different cities .
He is supposed to be paying me child support for one of my children ... well, he is supposed to be doing lots of things which he doesn't do.
Anyhow, eventhough this was not a planned pregnancy ... and even if we have not lived together since the date of the notarized separation do you think I am screwed?
You say that the quit claim deed may be valid but it would still entitle him to half of the equity???

What if I do not want to sell it? What I wan to keep it???

 

[LdiJ]

Thanks for your reply. Would this be the case even if we HAVE NOT lived together for the past 2 yrs ... Remember, we live in 2 different cities .
He is supposed to be paying me child support for one of my children ... well, he is supposed to be doing lots of things which he doesn't do.
Anyhow, eventhough this was not a planned pregnancy ... and even if we have not lived together since the date of the notarized separation do you think I am screwed?
You say that the quit claim deed may be valid but it would still entitle him to half of the equity???

What if I do not want to sell it? What I wan to keep it???

Hon, you obviously were still having marital relations since you are having another child with him. That cancels out being separated. If you hadn't gotten pregnant again it might have been different.

You will have to refinance the home no matter what...to take him off the mortgage. If you have to give him half of the equity, then you will have to refinance it for enough to pay him off.

Listen, you really do need to be consulting with a local attorney. You have complicated things and its probably going to take an attorney to sort them out.

 

[Ohiogal]

Ld is right. You folks aren't separated. The house is still marital property and even if he is no longer on the deed (which how does he have a mortgage to the house if NOT on the deed????) he is entitled to a part of an equity. If the house was bought during the marriage then he is entitled to probably 50% of the equity.
Booty calls, last flings, rolls in the hay -- whatever you want to call it -- SEX STOPS A SEPARATION -- even a legal separation filed with the court. If you two knock boots and insert tab P into slot V the separation is gone legally. You folks are still married. You are not separated no matter what the little notarized piece of paper says.

 

[ceara19]

While OG & LDiJ provided the correct information about nullifying a legal separation, the information means nothing in your case because Texas does NOT even recognize "legal separation". Your notarized separation agreement is completely worthless in court. Even if the agreement was signed by the entire supreme court AND god, it is worth absolutely nothing in a Texas court. You could probably get a few dollars for it on ebay though.

If this same "agreement" also includes the child support that you claim he is supposed to be paying, you're out of luck again. You need a court order, signed by a JUDGE, before he will be held legally responsible for paying support of any kind.

 

[Multimom]

Absolutely correct, there is no such thing as a "legal separation" in the state of Texas. You are either married or divorce, and where you live is beside the point. About the only thing it will influence is the fact that you guys may have been briefly estranged, but that still doesn't mean a thing in Texas.

If you don't have a court order for support or custody, you basically have a bunch of words on a notorized piece of paper that isn't worth the ink with which it was written.

It's funny how we think notorizing something makes it legal and binding.

 

[ceara19]

Absolutely correct, there is no such thing as a "legal separation" in the state of Texas. You are either married or divorce, and where you live is beside the point. About the only thing it will influence is the fact that you guys may have been briefly estranged, but that still doesn't mean a thing in Texas.

If you don't have a court order for support or custody, you basically have a bunch of words on a notorized piece of paper that isn't worth the ink with which it was written.

It's funny how we think notorizing something makes it legal and binding.

Physical separation can affect a child support order. IF the OP can PROVE that they lived separately, it is possible for child support to be ordered retroactively back to the date of separation (up to 5 years). But the OP's notarized agreement won't prove it because the clock reset when they got back together. Plus, she would need a good explanation as to why she waited for so long before pursuing the matter. If she tells the judge it's because he was still supporting his children voluntarily, the court isn't going to order him to pay support twice. This typically only applies to MARRIED parents.

 

[lifegoeson]

Important facts

Thanks everyone for your replies. Let me explain a few details that I might have left unstated.

Since our physical separation (2 yrs ago) THE COURT DID ORDER child support from him for our son. My child support case representative stated that as long as we are not living together he is responsible for paying child support.

And eventhough we tried reconciliating after a 1 yr separation WE STILL ARE NOT living together.

BUT .... let's put this matter aside for a moment .... MY TRUE QUESTION is the following.

When he signed a Quit Claim Deed in which one of the "clauses" says the following:

Well, first is starts saying that fro valuable consideration of ten dollars, and other good and valuable consideration, cash in hand paid **************.... Grantor quitclaim unto Grantee ....

Towards the end of the form it says:

"The property herein conveyed is part of the homestead of Grantor and although Grantor is married, a mutual agreement has been made in which Grantor acknowledges he will no longer claim property rights at the property located at ************** (house address) in ***** county, once the property is quitclaimed unto grantee ****** (my name) (Wife), whether Grantor and Grantee are or remain married, unmarried, separated or divorced.

ALSO .... he signed me a Special Power of Attorney for Closing Real Estate Transaction.

And one of the "clauses" reads the following:

"Further granting full power and authority to collect and receive any funds or proceeds of said sale in any matter which, in his sole discretion, she sees fit."

Oh and guess what little small detail he is not a citizen only I am.

UFFF ... so with all this is my mind ... what do you think about my situation. Do I get to keep the house without having to "pay him off" ... because if that is the case ... are you telling me that from the money I receive at the time of refinancing I have to give him a part in which I am going to pay interest on????

PLease help... time is ticking.

 

[ceara19]

Thanks everyone for your replies. Let me explain a few details that I might have left unstated.

Since our physical separation (2 yrs ago) THE COURT DID ORDER child support from him for our son. My child support case representative stated that as long as we are not living together he is responsible for paying child support.

And eventhough we tried reconciliating after a 1 yr separation WE STILL ARE NOT living together.

BUT .... let's put this matter aside for a moment .... MY TRUE QUESTION is the following.

When he signed a Quit Claim Deed in which one of the "clauses" says the following:

Well, first is starts saying that fro valuable consideration of ten dollars, and other good and valuable consideration, cash in hand paid **************.... Grantor quitclaim unto Grantee ....

Towards the end of the form it says:

"The property herein conveyed is part of the homestead of Grantor and although Grantor is married, a mutual agreement has been made in which Grantor acknowledges he will no longer claim property rights at the property located at ************** (house address) in ***** county, once the property is quitclaimed unto grantee ****** (my name) (Wife), whether Grantor and Grantee are or remain married, unmarried, separated or divorced.

ALSO .... he signed me a Special Power of Attorney for Closing Real Estate Transaction.

And one of the "clauses" reads the following:

"Further granting full power and authority to collect and receive any funds or proceeds of said sale in any matter which, in his sole discretion, she sees fit."

Oh and guess what little small detail he is not a citizen only I am.

UFFF ... so with all this is my mind ... what do you think about my situation. Do I get to keep the house without having to "pay him off" ... because if that is the case ... are you telling me that from the money I receive at the time of refinancing I have to give him a part in which I am going to pay interest on????

PLease help... time is ticking.

All of this is completely irrelevant. The "clauses" in your agreement meant nothing LEGALLY before you got back together with him and it means even less now. Even in the off chance that you could have come up with a way to hold him to the notarized statement in court, the agreement was unequivocally nullified the minute the 2 of you reconciled.

If you want the court to let you keep the house, you will have to buy his out his share of the equity, even if it means refinancing and paying interest. His residency status will have no affect on the outcome of the divorce and property settlement.

If he is behind in child support, you may be able to deduct the amount he owes from his portion of the assets. However, if he has an attorney, expect him to argue that the reconciliation nullified the child support agreement. You will need to prove that you did NOT live together as opposed to him proving that you did. The fact that you got pregnant and had a child together AFTER the initial separation is very strong evidence that the 2 of WERE together.

 

[lifegoeson]

THANKS CEARA19.

BUT AGAIN ... WHEN THE QUITCLAIM DEED AND THE SPECIAL POWER OF ATTORNEY WERE SIGNED WE WERE STILL MARRIED AS IT STATES ON THE PAPERS.

MY TRUE QUESTION is the following.

When he signed a Quit Claim Deed in which one of the "clauses" says the following:

Well, first is starts saying that fforvaluable consideration of ten dollars, and other good and valuable consideration, cash in hand paid **************.... Grantor quitclaim unto Grantee ....

Towards the end of the form it says:

"The property herein conveyed is part of the homestead of Grantor and although Grantor is married, a mutual agreement has been made in which Grantor acknowledges he will no longer claim property rights at the property located at ************** (house address) in ***** county, once the property is quitclaimed unto grantee ****** (my name) (Wife), whether Grantor and Grantee are or remain married, unmarried, separated or divorced.
ALSO .... he signed me a Special Power of Attorney for Closing Real Estate Transaction.

And one of the "clauses" reads the following:

"Further granting full power and authority to collect and receive any funds or proceeds of said sale in any matter which, in his sole discretion, she sees fit."

PLEASE REVIEW THIS AND EVERYONE ELSE WHO UNDERSTANDS THESE TERMS AND TELL ME MORE ON MY CHANCES OF KEEPING THE HOUSE WITHOUT REFINANCING IT TO GIVE HIM MONEY..... THE HOUSE WAS PURCHASED AT 73,000 - WE STILL OWE 70,000. IT IS WORTH 120,000.
IF refinancing was the only way to go .... how would this "paying him off" work?

AND FYI I would imagine that him not being a US resident would have some kind of impact don't you think???

 

[ceara19]

THANKS CEARA19.

BUT AGAIN ... WHEN THE QUITCLAIM DEED AND THE SPECIAL POWER OF ATTORNEY WERE SIGNED WE WERE STILL MARRIED AS IT STATES ON THE PAPERS.

MY TRUE QUESTION is the following.

When he signed a Quit Claim Deed in which one of the "clauses" says the following:

Well, first is starts saying that fforvaluable consideration of ten dollars, and other good and valuable consideration, cash in hand paid **************.... Grantor quitclaim unto Grantee ....

Towards the end of the form it says:

"The property herein conveyed is part of the homestead of Grantor and although Grantor is married, a mutual agreement has been made in which Grantor acknowledges he will no longer claim property rights at the property located at ************** (house address) in ***** county, once the property is quitclaimed unto grantee ****** (my name) (Wife), whether Grantor and Grantee are or remain married, unmarried, separated or divorced.
ALSO .... he signed me a Special Power of Attorney for Closing Real Estate Transaction.

And one of the "clauses" reads the following:

"Further granting full power and authority to collect and receive any funds or proceeds of said sale in any matter which, in his sole discretion, she sees fit."

PLEASE REVIEW THIS AND EVERYONE ELSE WHO UNDERSTANDS THESE TERMS AND TELL ME MORE ON MY CHANCES OF KEEPING THE HOUSE WITHOUT REFINANCING IT TO GIVE HIM MONEY..... THE HOUSE WAS PURCHASED AT 73,000 - WE STILL OWE 70,000. IT IS WORTH 120,000.
IF refinancing was the only way to go .... how would this "paying him off" work?

AND FYI I would imagine that him not being a US resident would have some kind of impact don't you think???

AGAIN, your previous agreement is ABSOLUTELY, COMPLETELY, UNEQUIVICALLY, WORTHLESS in divorce court. Putting something on a piece of paper and having it notarized does NOT in ANY WAY, SHAPE or FORM make the document LEGALLY ENFORCEABLE!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Unless you have the cash on hand or can get the money from other means to buy your husband's share of the house, refinancing, selling or allowing him to buy you out are your ONLY options.

And ONE LAST TIME**************.his citizenship status will have NO bearing, WHATSOEVER on EQUITABLE distribution of marital assets and debts. What is it going to take to get it through your thick head that you are WRONG. Go into court with this attitude and you can count on getting your ass handed to you by the judge. Piss off the court and it WILL affect the settlement and it WON'T be in YOUR favor.

 

[lifegoeson]

LISTEN .... I did not visit these forums to be put down or insulted in any way or form. The only reason I came here is to seek "advise" because I have no clue on what to do.

I did not come to discuss my situation with an attitude. THE ONLY ONE WITH AN ATTITUDE IS YOU CEARA19. If you consider having an attitude due to the fact that I do not want to loose my house because it is the only thing that I can offer to my children ... then you really don't know how to discern - THAT I CONSIDER IGNORANCE.!!! Maybe you are not in a desperate situation as I now find myself in. Good for you!! BUT YOU KNOW WHAT ... I am not in a pretty situation. I am by myself in another city raising my 2 children on my own, working a full-time job nad I have no family to rely on. SO YES ... I want to be the tiger who takes care of her cubs and I no longer want to give up more than what I have already lost in my relationship: love, friends, family, thousands of dollars which were loaned to him from my family,my youth, my health .... yes even my health - I've gone through so much verbal abuse and stress and blabla bla that he triggered seizures ... how's that?

I did not come to be judged my just exposing my situation. You can't judge a person by the questions being asked in this forum. I am only seeking advice because I want to be prepared for whatever may happen. I am not the average bitc* out to screw anyone over. I've always been the one taken advantage of and I do not want to go through it again.

It is so upsetting to see this type of reactions coming from the "experts" in this forum. Have yout got no sentiments or understanding?? This site is intended to provide advise - not adverse comments.

 

[ceara19]

LISTEN .... I did not visit these forums to be put down or insulted in any way or form. The only reason I came here is to seek "advise" because I have no clue on what to do.

And you have been given the CORRECT LEGAL information. You are just CHOOSING not to listen to it because it's not what you WANT to hear.

I did not come to discuss my situation with an attitude. THE ONLY ONE WITH AN ATTITUDE IS YOU CEARA19.

YOU are the one that asked for help and then copped an attitude when you didn't LIKE the LEGALLY CORRECT answer.

If you consider having an attitude due to the fact that I do not want to loose my house because it is the only thing that I can offer to my children ... then you really don't know how to discern - THAT I CONSIDER IGNORANCE.!!!

I really don't care what YOU think. I'm not the one having comprehension problems.

Maybe you are not in a desperate situation as I now find myself in. Good for you!! BUT YOU KNOW WHAT ... I am not in a pretty situation. I am by myself in another city raising my 2 children on my own, working a full-time job nad I have no family to rely on. SO YES ... I want to be the tiger who takes care of her cubs and I no longer want to give up more than what I have already lost in my relationship: love, friends, family, thousands of dollars which were loaned to him from my family,my youth, my health .... yes even my health - I've gone through so much verbal abuse and stress and blabla bla that he triggered seizures ... how's that?

So what. BTDT. The LAWS are not going to change just because you think that your situation is somehow different than any other divorce. The same LAWS apply to everyone. This is a LEGAL forum, you received the CORRECT LEGAL information. If you want someone to pat you on the back and hold your hand and tell you everything will be okay, try oprah.com or drphil.com.

I did not come to be judged my just exposing my situation. You can't judge a person by the questions being asked in this forum. I am only seeking advice because I want to be prepared for whatever may happen. I am not the average bitc* out to screw anyone over. I've always been the one taken advantage of and I do not want to go through it again.

No one accused you of trying to screw anyone over. You were not judged until AFTER you displayed your extreme lack of intelligence and comprehension by choosing to ignore the LEGALLY CORRECT information in hopes of hearing what you WANTED to hear.

It is so upsetting to see this type of reactions coming from the "experts" in this forum. Have yout got no sentiments or understanding?? This site is intended to provide advise - not adverse comments.

You want sentiment, go to Hallmark. You received the LEGALLY CORRECT information for your situation. It makes no difference if anyone "understands" your situation or not because the LAWS are still the same.