• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Reconciliation after Separation

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

What is the name of your state? CA

I'm not sure if I should post here or somewhere in the real estate section, but since I got so much input here before I thought it would make sense to start here.

My husband asked for a divorce in Oct and the kids and I were planning to move back home to OR. He was keeping the house, so we started the assumption process. I filed a quit claim deed as required by the loan company prior to close of the assumption. I then went to OR for a 3 week vacation, and he finally relized how wonderful I am, and that he can't live without us. :)

We just received the final docs for the assumption today. I have to sign something that says I give up all claim including marital or joint occupancy rights. This has me a little concerned now. Does this mean that if we divorce 10 years from now, I have no right to the equity in the house? Would we be able to refinance in 3 years (end of prepay penalty) and add me back to it? If something were to happen to him and he dies, what happens to the property and the possible profit/loss of the value of the house? Is it possible for us to cancel the assumption at this point and do another quit claim deed adding me back to the house?

Thanks for all the input!
Brooke
 


Move on with him or without him? :confused:

Is it possible then, for us just to quit claim it back to both of us, ask the loan co to cancel the assumption, and then it is as if this never happened?
 

BelizeBreeze

Senior Member
Because you have not completed the assumption process you can halt it now. That paper you were asked to sign is a waiver of rights.

You AND hubby contact the closing office and tell them you have decided to stop the assumption, pay the points or costs and then move on with your life.

If hubby does this, move on with him.

If hubby doesn't, move on without him.
 
Thank you.

We filed the quit claim deed with the clerk, so I asume I'm already off the title. Do we just file another one, adding me back on?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top