What is the name of your state? WA
I have had a 27-year spousal relationship with my husband, wed in a church ceremony 13-years ago. We have two young minor children together.
There has been many domestic issues involved in this case (3-DV's), from assault II of an adult to assault of a minor child. The family is now separated from the abuser, who is awaiting sentencing.
When we purchased our home in 2000, we ran into some problems, my husband had incurred various large debts I had just one debt. The amount approved was just enough to cover the debts he had incurred, but not my debt. Since we lived on a fixed income and had two very young children, and this was my chance to provide the security and stability my family needed. I had worked on this goal and dream for 6-years before it finally became reality.
My husband and I both signed all the documents for the purchase of our home. My real estate broker came to me and stated that the amount would not cover my debt; but if I signed a quit claim deed the loan would go through, and we could reverse it right after the sale was concluded. My husband promised to do so and I have witnesses, but knowing his character my broker drew up a special "power of attorney" in which he gives me complete control and authorization to do whatever I see fit with the property in any scenario. This document also includes facts such as if he is incarcerated, disabled, unavailable, etc. I used it all the time to handle his personal transactions, he was too lazy to handle himself.
Since the purchase of the house, he has refused to reverse the quit claim deed since he felt it gave him power and total control over his family. He was imprisoned for 2-years (3-year sentence), he now awaits sentencing (10-years) on DV Assault II charge.
He not only assaulted me, but our 8-year old child and we can not allow him in our lives anymore for our physical, emotional, and financial health. I have already paid over $1,000 in bounced checks to our account, beside the $2000.00 in earned income he spent before that in just a matter of a few days, he also left us $2330.00 behind in mortgage payments and the house in disrepair (he was tearing it apart). He and family are trying to intimidate the children and me to drop charges and the permanent order for no contact with the children and I, because it is his house not ours and he can do whatever he wants.
I have been fixing the house back up, paid the money to our bank, paying the mortgage, and raising the arrears before it goes into foreclosure. Since we are a community property state and I signed the quit claim deed under duress, with emotional sacrifice to provide a better life for my family, and have been the main provider for the family, have any rights to our property.
I am just trying to protect, provide for, and shelter our children. I do not wish to spend everything we have if we will be left without it. Would a judge make a decision on all of the evidence, in the best interest of the children in a case like this or is his decision bound by the quit claim deed document.
I have had a 27-year spousal relationship with my husband, wed in a church ceremony 13-years ago. We have two young minor children together.
There has been many domestic issues involved in this case (3-DV's), from assault II of an adult to assault of a minor child. The family is now separated from the abuser, who is awaiting sentencing.
When we purchased our home in 2000, we ran into some problems, my husband had incurred various large debts I had just one debt. The amount approved was just enough to cover the debts he had incurred, but not my debt. Since we lived on a fixed income and had two very young children, and this was my chance to provide the security and stability my family needed. I had worked on this goal and dream for 6-years before it finally became reality.
My husband and I both signed all the documents for the purchase of our home. My real estate broker came to me and stated that the amount would not cover my debt; but if I signed a quit claim deed the loan would go through, and we could reverse it right after the sale was concluded. My husband promised to do so and I have witnesses, but knowing his character my broker drew up a special "power of attorney" in which he gives me complete control and authorization to do whatever I see fit with the property in any scenario. This document also includes facts such as if he is incarcerated, disabled, unavailable, etc. I used it all the time to handle his personal transactions, he was too lazy to handle himself.
Since the purchase of the house, he has refused to reverse the quit claim deed since he felt it gave him power and total control over his family. He was imprisoned for 2-years (3-year sentence), he now awaits sentencing (10-years) on DV Assault II charge.
He not only assaulted me, but our 8-year old child and we can not allow him in our lives anymore for our physical, emotional, and financial health. I have already paid over $1,000 in bounced checks to our account, beside the $2000.00 in earned income he spent before that in just a matter of a few days, he also left us $2330.00 behind in mortgage payments and the house in disrepair (he was tearing it apart). He and family are trying to intimidate the children and me to drop charges and the permanent order for no contact with the children and I, because it is his house not ours and he can do whatever he wants.
I have been fixing the house back up, paid the money to our bank, paying the mortgage, and raising the arrears before it goes into foreclosure. Since we are a community property state and I signed the quit claim deed under duress, with emotional sacrifice to provide a better life for my family, and have been the main provider for the family, have any rights to our property.
I am just trying to protect, provide for, and shelter our children. I do not wish to spend everything we have if we will be left without it. Would a judge make a decision on all of the evidence, in the best interest of the children in a case like this or is his decision bound by the quit claim deed document.
