Quit Claim, free house

[ImReady2GO]

What is the name of your state (only U.S. law)? FL
The only significant asset that my stbx husband and I have is a dinky little house that is free and clear, no mortgage, which is currently unoccupied. He quit claimed it solely to me, and I put it in the marital settlement(pro se) that it was to be solely mine. My question is that I have a buyer, but my divorce will not be final until August(papers are filed) and I need to know if he can make any claims to the proceeds of the sale before the divorce is finalized. I immediately recorded the quit claim on the same day I filed the divorce papers. I appreciate any advice, I need this cash as a down payment to get something more than 900 square feet to house myself and 4 teenagers! Btw, can he force me to pay rent until I move out? I told him I want to stay here in the marital home until the divorce is final. I'm trying to avoid moving into that tiny house.What is the name of your state (only U.S. law)?

 

[LdiJ]

What is the name of your state (only U.S. law)? FL
The only significant asset that my stbx husband and I have is a dinky little house that is free and clear, no mortgage, which is currently unoccupied. He quit claimed it solely to me, and I put it in the marital settlement(pro se) that it was to be solely mine. My question is that I have a buyer, but my divorce will not be final until August(papers are filed) and I need to know if he can make any claims to the proceeds of the sale before the divorce is finalized. I immediately recorded the quit claim on the same day I filed the divorce papers. I appreciate any advice, I need this cash as a down payment to get something more than 900 square feet to house myself and 4 teenagers! Btw, can he force me to pay rent until I move out? I told him I want to stay here in the marital home until the divorce is final. I'm trying to avoid moving into that tiny house.What is the name of your state (only U.S. law)?

You can stay in the marital home until the divorce is final or the judge orders you to move out.

I personally, would move into the dinky home and then put it on the market after the divorce was final. Anybody can handle anything, temporarily.

 

[ImReady2GO]

But if I sell before the final judgment(approx 60 days), can he take any of the money? As for moving into the dinky house, it's unlivable, broken windows, broken doors, pet stains, etc. The value is in the property. I'm guessing he can't force me to pay rent here the next 2 months? He threatened to throw my things out if I didn't pay. I instigated this divorce due to his constant abuse and he's bitter that I have the upper hand now. Thanks for the advice.

 

[seniorjudge]

Q: But if I sell before the final judgment(approx 60 days), can he take any of the money?

A: Our crystal ball is broken. But I suspect you know him better than we.

 

[LdiJ]

But if I sell before the final judgment(approx 60 days), can he take any of the money? As for moving into the dinky house, it's unlivable, broken windows, broken doors, pet stains, etc. The value is in the property. I'm guessing he can't force me to pay rent here the next 2 months? He threatened to throw my things out if I didn't pay. I instigated this divorce due to his constant abuse and he's bitter that I have the upper hand now. Thanks for the advice.

Is your property settlement signed off on? If not, anything could happen.

 

[MFinancier]

But if I sell before the final judgment(approx 60 days), can he take any of the money? As for moving into the dinky house, it's unlivable, broken windows, broken doors, pet stains, etc. The value is in the property. I'm guessing he can't force me to pay rent here the next 2 months? He threatened to throw my things out if I didn't pay. I instigated this divorce due to his constant abuse and he's bitter that I have the upper hand now. Thanks for the advice.

So you have two homes? One you are presently living in that is the marital residence and another that is the "dinky" house that he quit claimed to you..that you want to sell? The problem is, no matter how the dinky house is now titled..it's still marital property. If he changes his mind about the agreement you think you have, gets sick or hurt, or the judge thinks the settlement isn't fair...you could be splitting the equity in the property or the proceeds from the sale anyways. I wouldn't feel comfortable making any decisions about selling or purchasing additional real estate until this all settles. Either way, I hope you had someone look over your settlement agreement...there are lots of financial issues that can be easily overlooked. Good Luck.

 

[ImReady2GO]

So the little house is still marital property even though it's stipulated in the martial settlement that it's mine solely and that he's quit claiming it to me? I thought if it's uncontested that the judge would sign off on it. We've been married 18 years, have 4 teens, for which my CS is a whopping $500/month, and that house is all there is for me to have. I didn't ask for alimony, in return for possession of the house. Things are obviously tense here and I really just want it over already. I had my paperwork looked over twice for both content and strategy, and feel it's as in depth as it needs to be for how little we have. Sorry if I sound frustrated.

 

[Farfalla]

So the little house is still marital property even though it's stipulated in the martial settlement that it's mine solely and that he's quit claiming it to me? I thought if it's uncontested that the judge would sign off on it. We've been married 18 years, have 4 teens, for which my CS is a whopping $500/month, and that house is all there is for me to have. I didn't ask for alimony, in return for possession of the house. Things are obviously tense here and I really just want it over already. I had my paperwork looked over twice for both content and strategy, and feel it's as in depth as it needs to be for how little we have. Sorry if I sound frustrated.

Is the equity in this little house equivalent to half of the joint equity of the marital home and the little house?

Until the judge signs off on the divorce, it is not final which means that anything could chagne. While your hsuband might not want the little house, if you sell it.... your husband might find the cash very attractive and decide to fight for some of it.

Your paperwork might indeed be very sound.. but it can still be changed.

Sounds like it's only a few weeks until the divorce is final. Those who are telling you to just wait until it is final are giving you good advice.

 

[LdiJ]

So the little house is still marital property even though it's stipulated in the martial settlement that it's mine solely and that he's quit claiming it to me? I thought if it's uncontested that the judge would sign off on it. We've been married 18 years, have 4 teens, for which my CS is a whopping $500/month, and that house is all there is for me to have. I didn't ask for alimony, in return for possession of the house. Things are obviously tense here and I really just want it over already. I had my paperwork looked over twice for both content and strategy, and feel it's as in depth as it needs to be for how little we have. Sorry if I sound frustrated.

If the marital settlement agreement signed off on by all parties and the judge? That's the key here. Once its completely signed off on, you have nothing to worry about. Until its signed off on there is the possibility of change.

The dinky house may also not sell as fast as you expect it to, particularly in its condition. If things are too tense, then move yourself into a short term rental.

 

[Farfalla]

Do you have an attorney? If so have you asked him/her about this?