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  #1  
Old 11-23-2003, 10:32 PM
teffy1971
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property - house


What is the name of your state? Illinois
When my husband and I divorced - he got the house with the stipulation he would sell or refinance within 6 months. Before the six months were up he decided he didnt want the house any longer and I moved back in and started making the payments. About a year after that he signed a Quit Claim Deed giving me the right to the house - now he says he can make me sell or refinance the house so his name is off the loan - can he do that? My name is the only name on the deed of the house - both our names are on the loan.
  #2  
Old 11-23-2003, 10:45 PM
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Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,191

Re: property - house


Quote:
Originally posted by teffy1971
What is the name of your state? Illinois
When my husband and I divorced - he got the house with the stipulation he would sell or refinance within 6 months. Before the six months were up he decided he didnt want the house any longer and I moved back in and started making the payments. About a year after that he signed a Quit Claim Deed giving me the right to the house - now he says he can make me sell or refinance the house so his name is off the loan - can he do that? My name is the only name on the deed of the house - both our names are on the loan.

My response:

No, he can't. He took himself out of the equation to "force" you to do anything when he signed the Quit Claim Deed. What a fool!

He should have had you refinance the house in your name, IN EXCHANGE for his signature on the Quit Claim Deed - - but he didn't.

Now, all he's got is the "liability" (under the mortgage contract) and you get all the tax right-offs and the credit. He can't do a thing to you. You hold all the cards, and only when YOU decide to refinance the house will he be able to be relieved of his liability.

So, if you ever go "belly up" on the mortgage, guess who the bank is ALSO going to go after? That's right - - him!

Tell your ex to stick it where the sun don't shine. He's too late to do anything.

What a fool!

IAAL
  #3  
Old 11-23-2003, 10:49 PM
teffy1971
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thanks for the info


Thanks for the info. about the quit claim deed - that was what I figured but he was so sure he could do it - just thought I would check!!

Thanks again!
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