Tough one on a quit claim deed situation

[MB123]

What is the name of your state? TX

I asked a related question to this before, but here's a slightly different angle.

I am from Argentina, and married an American in TX. We got married because I ran out of extensions for vistor visas and I was going to have to leave the country or end up "over-staying."

If I left the country, I would not be allowed back into the US for 1-2 years no matter what (even if we got married in Argentina). And I was not able to convert my vistor visa to a student visa either.

So we were out of options. We weren't sure we were right for each other, so the only way to find out was to get married so we could stay together in the US.

In order to prove that we were living as a married couple to get approval for a conditional legal permanent resident, we had to prepare proof for immigration way beyond the marriage certificate.

The one things they like to see most is both our names on things like the mortgage bill.

So my husband called the mortage company to request that my name be added to the mortgage bill. But they said they would only add the name to statement if he recorded a quit claim deed that put both our names on the deed. We did not refinance, so only he is still the only one liable for the mortgage payments.

After 2 years of marriage we are now getting divorced because we were not a match and I left the house 6 months ago and I am living and working back in Argentina since August, 2007.

A lawyer of his suggested that my rights to half of his house (which I did not contribute anything to the mortgage payments) is not really a gift and that the quit claim was only done to meet immigration requirements with no intent to gift half the value of the house to me. And that my husband not only did not intend to gift me half the value of his house, but he didn't realize he was doing that -- he was just trying to comply with immigration rules. And they are also saying that the fact that we got married in a court house with no friends, family, or witnesses (just the judge) supports that the quit claim was just for the immigration and not a gift.

Do you think he has a case? Any other ways he might be able argue to keep the entire house as his property?

Thanks!

[JETX]

Originally Posted by MB123

Do you think he has a case?

Yes, and a very good one.

Any other ways he might be able argue to keep the entire house as his property?

Yep. Your post doesn't say whether his ownership of the house was before your 'sham' marriage or not, but implies that it was (since the mortgage was already existing). If that is the case, you have no claim to ownership of the 'pre-marital' property. However, you might have a claim to part of the equity that accrued from the time your name was put on the title to some point after that (depends on the full facts).

Basically, you sucked off the US tit long enough (your own post shows you were scamming to stay here). Unless you have 20 or 30 thousand USD to throw away in pursuing this claim, I suggest you forget about it and enjoy your life in Argentina.

[LdiJ]

Originally Posted by MB123

What is the name of your state? TX

I asked a related question to this before, but here's a slightly different angle.

I am from Argentina, and married an American in TX. We got married because I ran out of extensions for vistor visas and I was going to have to leave the country or end up "over-staying."

If I left the country, I would not be allowed back into the US for 1-2 years no matter what (even if we got married in Argentina). And I was not able to convert my vistor visa to a student visa either.

So we were out of options. We weren't sure we were right for each other, so the only way to find out was to get married so we could stay together in the US.

In order to prove that we were living as a married couple to get approval for a conditional legal permanent resident, we had to prepare proof for immigration way beyond the marriage certificate.

The one things they like to see most is both our names on things like the mortgage bill.

So my husband called the mortage company to request that my name be added to the mortgage bill. But they said they would only add the name to statement if he recorded a quit claim deed that put both our names on the deed. We did not refinance, so only he is still the only one liable for the mortgage payments.

After 2 years of marriage we are now getting divorced because we were not a match and I left the house 6 months ago and I am living and working back in Argentina since August, 2007.

A lawyer of his suggested that my rights to half of his house (which I did not contribute anything to the mortgage payments) is not really a gift and that the quit claim was only done to meet immigration requirements with no intent to gift half the value of the house to me. And that my husband not only did not intend to gift me half the value of his house, but he didn't realize he was doing that -- he was just trying to comply with immigration rules. And they are also saying that the fact that we got married in a court house with no friends, family, or witnesses (just the judge) supports that the quit claim was just for the immigration and not a gift.

Do you think he has a case? Any other ways he might be able argue to keep the entire house as his property?

Thanks!

Why are you pursuing half of the value of his home? You stated previously that you were not going to do that.

[Bali Hai]

Originally Posted by JETX

Yes, and a very good one.


Yep. Your post doesn't say whether his ownership of the house was before your 'sham' marriage or not, but implies that it was (since the mortgage was already existing). If that is the case, you have no claim to ownership of the 'pre-marital' property. However, you might have a claim to part of the equity that accrued from the time your name was put on the title to some point after that (depends on the full facts).

Basically, you sucked off the US tit long enough (your own post shows you were scamming to stay here). Unless you have 20 or 30 thousand USD to throw away in pursuing this claim, I suggest you forget about it and enjoy your life in Argentina.

Right on brother!!

And I contend that her question "Do you think he has a case", should really be: "Do I have a case".

[MB123]

Originally Posted by LdiJ

Why are you pursuing half of the value of his home? You stated previously that you were not going to do that.

Well, I have a new boyfriend and he is a lawyer (no divorce) and he has been really insisting that I don't let this guy off without getting anything and everything I can. And he is willing to pay the divorce attorney's to go after my husband. I know it's not really ethical, but it would be nice to get any money I can.

[MB123]

Originally Posted by Bali Hai

Right on brother!!

And I contend that her question "Do you think he has a case", should really be: "Do I have a case".

Can you elaborate? If we do decide to get an attorney (since my new boyfriend would pay for it) we would want to be sure we could come out ahead.

[justalayman]

go back and re-read JETX's post. Take notice where is states the most you would be entitled to is 1/2 of the equity from the time of the QC deed until ...

is that amount worth spending possible 10's of thousands of dollars to recoup?

If it is concluded that the marriage was a scam, you may not get even that.

You would be better off leaching off your new current lawyer boyfriend. That sounds like your best avenue for "any money I can get"

[Bali Hai]

Originally Posted by justalayman

go back and re-read JETX's post. Take notice where is states the most you would be entitled to is 1/2 of the equity from the time of the QC deed until ...

is that amount worth spending possible 10's of thousands of dollars to recoup?

If it is concluded that the marriage was a scam, you may not get even that.

You would be better off leaching off your new current lawyer boyfriend. That sounds like your best avenue for "any money I can get"

I say with all the "evidence" that she has shown here that she try and show a precedence and/or maybe even case law that under US law that she is entitled to some part of the house. My guess is that if she diggs deep enough, she may just be able to do that!!

[LdiJ]

Originally Posted by MB123

Well, I have a new boyfriend and he is a lawyer (no divorce) and he has been really insisting that I don't let this guy off without getting anything and everything I can. And he is willing to pay the divorce attorney's to go after my husband. I know it's not really ethical, but it would be nice to get any money I can.

How would you feel if you had owned a home for years, and then you married someone and immigration forced you to add them to the home, and then the marriage didn't last more than 2 years?....and then they took YOU for everything that they could get.

I try to avoid expressing personal opinions on this forum, because its a legal forum. However, I am darned certain that you would feel utterly betrayed if you had to lose half of an asset that you had owned for years, to someone to whom you were married less than two years, and whom you married only to allow them to stay in the US so that you could see if a long term relationship was there.

I am sorry, but its not just unethical, its morally repugnant.

[Ohiogal]

The problem is legally the selfish greedy wench may be entitled to half the value of the house as she is owner on the deed. But for her to try and get everything she can -- well apparently I can see why it did not work out.

[LdiJ]

Originally Posted by Ohiogal

The problem is legally the selfish greedy wench may be entitled to half the value of the house as she is owner on the deed. But for her to try and get everything she can -- well apparently I can see why it did not work out.

Yes, I am well aware of that...sadly.

[JETX]

Originally Posted by MB123

Well, I have a new boyfriend and he is a lawyer (no divorce)

And of course, that is crap!! If your boyfriend really was an attorney, why would you be asking for legal advice from a website??

and he has been really insisting that I don't let this guy off without getting anything and everything I can.

When you left, did you take all of your personal property?? if so, you got everything you can.

And he is willing to pay the divorce attorney's to go after my husband. I know it's not really ethical, but it would be nice to get any money I can.

So, now you're on a legal website asking us to condone conduct that you admit is not "really ethical"?? What a friggin' idiot. Go ahead and pay $20,000 or so pursuing this. You deserve the opportunity to learn a life lesson.

[JETX]

Originally Posted by Ohiogal

The problem is legally the selfish greedy wench may be entitled to half the value of the house as she is owner on the deed.

Sorry. Not true.
Though Texas is a community property state, any property owned by a spouse prior to the marriage remains the sole property of that individual.

[LdiJ]

Originally Posted by JETX

Sorry. Not true.
Though Texas is a community property state, any property owned by a spouse prior to the marriage remains the sole property of that individual.

JETX he added her to the deed, making her a co-owner of the property. By doing that he changed it from separate property to marital property. In fact, that makes it equally shared property even if no marriage had taken place.

That doesn't change the nature of what she is doing, but it does change the legalities...as much as I hate that in this particular case.

[MB123]

Originally Posted by JETX

And of course, that is crap!! If your boyfriend really was an attorney, why would you be asking for legal advice from a website??


When you left, did you take all of your personal property?? if so, you got everything you can.


So, now you're on a legal website asking us to condone conduct that you admit is not "really ethical"?? What a friggin' idiot. Go ahead and pay $20,000 or so pursuing this. You deserve the opportunity to learn a life lesson.

My new boyfriend is not a divorce attorney (more of a business attorney) and it's a very new relationship, so I am trying to do my own research as much as possible. He will pay for the actual divorce lawyer that is hired.