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  #1  
Old 07-13-2009, 05:57 PM
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TENNESSEE(only U.S. law)? MY FIANCE AND I BOUGHT A HOUSE. I HAVE MADE ALL OF THE PAYMENTS. WE ARE NO LONGER TOGETHER, HE IS INCARCERATED. A MINOR CHILD, 3 YEARS OLD. HE REFUSES TO SIGN QUIT CLAIM DEED. ANY LEGAL IDEAS?
  #2  
Old 07-14-2009, 07:00 AM
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Please don't type in all caps. It is like SHOUTING on the internet. No one likes to be shouted at.

Your choices are:

(1) Buy him out. Find out how much $$$$ he wants to sign a quit claim deed.
(2) Sell the house and split the proceeds. Negotiate with him on his share so he'll agree to sell.
(3) File suit for partition. You hire a lawyer, pay court costs, etc., and the court sells the house and you split the proceeds.
  #3  
Old 07-14-2009, 07:17 AM
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Quote:
Originally Posted by ShyCat View Post
Please don't type in all caps. It is like SHOUTING on the internet. No one likes to be shouted at.

Your choices are:

(1) Buy him out. Find out how much $$$$ he wants to sign a quit claim deed.
(2) Sell the house and split the proceeds. Negotiate with him on his share so he'll agree to sell.
(3) File suit for partition. You hire a lawyer, pay court costs, etc., and the court sells the house and you split the proceeds.
The court wouldn't necessarily sell the house. The court might allow her to refinance to buy him out, at the amount the court sets.
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  #4  
Old 07-14-2009, 07:24 AM
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Location: Ohio
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Quote:
Originally Posted by RMCALARNEY View Post
TENNESSEE(only U.S. law)? MY FIANCE AND I BOUGHT A HOUSE. I HAVE MADE ALL OF THE PAYMENTS. WE ARE NO LONGER TOGETHER, HE IS INCARCERATED. A MINOR CHILD, 3 YEARS OLD. HE REFUSES TO SIGN QUIT CLAIM DEED. ANY LEGAL IDEAS?
Are you on the deed? Is there a mortgage? Are you liable for the mortgage? Most likely I do not blame him for not signing a quit claim deed. It is most likely a smart thing for him to do.
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Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
  #5  
Old 07-17-2009, 09:59 AM
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Join Date: Jul 2009
Posts: 4
Quote:
Originally Posted by ShyCat View Post
Please don't type in all caps. It is like SHOUTING on the internet. No one likes to be shouted at.

Your choices are:

(1) Buy him out. Find out how much $$$$ he wants to sign a quit claim deed.
(2) Sell the house and split the proceeds. Negotiate with him on his share so he'll agree to sell.
(3) File suit for partition. You hire a lawyer, pay court costs, etc., and the court sells the house and you split the proceeds.
Excuse me for typing in caps. I do not have the money to buy him out or anything. It takes my paycheck to provide for my daughter and pay the bills. I do not want to sell because I have worked too hard for a home for my daughter.
  #6  
Old 07-17-2009, 10:08 AM
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Join Date: Jul 2009
Posts: 4
Quote:
Originally Posted by Ohiogal View Post
Are you on the deed? Is there a mortgage? Are you liable for the mortgage? Most likely I do not blame him for not signing a quit claim deed. It is most likely a smart thing for him to do.
Yes I am on the deed. There is a mortgage on which I make all the monthly payments. I am liable because the trust is in my name only. And why should he not sign? He has not worked, he is incarcerated, and I need to provide for our daughter. Do not feel sorry for him. I am the one who maxed out my credit cards and took out loans to help pay for his lawyer, so he would be with our daughter, and she would not lose her dad. He is in prison because he wanted fast money. We have a rently house in which his parents live in, and they quit paying rent to me because he told them too.
  #7  
Old 07-17-2009, 10:11 AM
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Join Date: Dec 2005
Location: Ohio
Posts: 31,755
Quote:
Yes I am on the deed. There is a mortgage on which I make all the monthly payments. I am liable because the trust is in my name only. And why should he not sign? He has not worked, he is incarcerated, and I need to provide for our daughter. Do not feel sorry for him.
The deed has both you but the mortgage is in your name only? Here is the problem -- he is half owner. He doesn't have to sign because you need to buy him out. If he won't sign then what you do is you file a partition lawsuit. Then a court can settle the matter.
Quote:
I am the one who maxed out my credit cards and took out loans to help pay for his lawyer, so he would be with our daughter, and she would not lose her dad. He is in prison because he wanted fast money. We have a rently house in which his parents live in, and they quit paying rent to me because he told them too.

If you have a rental house and his parents are not paying rent -- well evict them if you own that house. Who is on the deed to the rental property? Who is on the mortgage to that property?
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
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