Property Rights

[thepro2cer]

What is the name of your state?What is the name of your state?PA.

This should be my last question. I and my wife had an agreement that she would grant me a divorce if I gave her the house. This was a verbal agreement and never went to paper....She had a Quick Claim Deed drawn up and I kept it. I only left the property because I thought she would do this in a speedy fashion and it's STILL not filed!!! Since my past post let you know of my recent frustrations, I've decided to FIGHT for the house.

Though I haven't paid a dime since the agreement and I refused to do so after she changed the locks...Do I continue to have rights to the property? I am the primary borrower on the loan. I informed the mortgage company that she changed the locks and filed a report with the police.

Yes I want to move on, but I want to sell the property. She lied about filing the divorce and wasted a lot of my time last year. I tore up the Quick Claim Deed!!!!!! Let her start over like I had to start over. Thanks in advance for your help.

 

[JETX]

I and my wife had an agreement that she would grant me a divorce if I gave her the house. This was a verbal agreement and never went to paper....

Any transfer or sale of real property must be in writing to be legally valid.

She had a Quick Claim Deed drawn up and I kept it.
Do I continue to have rights to the property?

If you have not signed nor filed a transfer in ownership, you would have the same 'rights to the property' as you had prior to this issue.

I am the primary borrower on the loan. I informed the mortgage company that she changed the locks and filed a report with the police.

Your mortgage company has nothing to do with this.... and your situation does nothing to waive or alter your obligation to pay the mortgage.

Yes I want to move on, but I want to sell the property.

If both names are on the title/deed, then signatures of both will be required in order to sell the property.

 

[thepro2cer]

Thanks for your reply. I should'v stated that I was looking at this in the state of the divorce settlement. Since I haven't been there or made any payments, Does this affect my rights to sell in a settlement? Thanks again.

 

[LdiJ]

Thanks for your reply. I should'v stated that I was looking at this in the state of the divorce settlement. Since I haven't been there or made any payments, Does this affect my rights to sell in a settlement? Thanks again.

Did you sign the Quit Claim Deed that she had drawn up?

Do you realize that since you are the principle borrow that not making sure the mortgage is paid risks destroying YOUR credit.

Do you realize that if you signed the Quit Claim Deed that you no longer have any legal interest in the home, but are STILL responsible for the mortgage?

Do you realize JUST how badly you need an attorney?

 

[thepro2cer]

That's why I'm here to get advise. I know I need a lawyer, that's for sure. Just trying to get the funds together. Can't find any free lawyers here in Philadelphia. She's making the payments, but I only stopped because she changed the locks on the property. We always made the payments in halves. I'm not gonna make payments while she has a boyfriend in the bed!!!! Unless I can get back in the house, I don't think I should have to pay. The question is: Will this affect me at the divorce table. I assume my name is on the deed and I'll investigate that Monday. I was illegally evicted as far as I'm concerned. As stated before, she said she would file and pay for the divorce if I gave her the house (verbally). That's been 6-7 months ago and there's no filing!!! Some of my clothes and other property are still in the garage..I hope. My sister car is still in the driveway. I didn't sign the quick claim deed. I tore it up when I found out there was another man in the house. Should I start to make payments though I'm not there and the locks have been changed? Thanks........

 

[LdiJ]

That's why I'm here to get advise. I know I need a lawyer, that's for sure. Just trying to get the funds together. Can't find any free lawyers here in Philadelphia. She's making the payments, but I only stopped because she changed the locks on the property. We always made the payments in halves. I'm not gonna make payments while she has a boyfriend in the bed!!!! Unless I can get back in the house, I don't think I should have to pay. The question is: Will this affect me at the divorce table. I assume my name is on the deed and I'll investigate that Monday. I was illegally evicted as far as I'm concerned. As stated before, she said she would file and pay for the divorce if I gave her the house (verbally). That's been 6-7 months ago and there's no filing!!! Some of my clothes and other property are still in the garage..I hope. My sister car is still in the driveway. I didn't sign the quick claim deed. I tore it up when I found out there was another man in the house. Should I start to make payments though I'm not there and the locks have been changed? Thanks........

It sounds to me like your ego is overruling common sense and logic. The house is a hard asset, as well as a major liability on your credit record, that has nothing to do with your wife's behavior. Refusing to do your part to make sure that the asset is safe and your credit record protected, just because you can't enter "at will"...is really FOOLISH. I repeat...get an attorney NOW...and stop making foolish decisions because you aren't getting the advice of a professional.

This attitude of yours ranks right up there with your foolishness of of going to the house late at night and trying to get the police to force you to be able to enter and the man to leave.

Grow up here and make adult decisions/choices...and stop worrying about whether or not you are being "disrespected"...sigh...