Time Limit for Quit Claim Deed on Mortgage Expired

[scaredmom123]

What is the name of your state? OH

I was co-habitating for 7 years, but never married to an ex-boyfriend. I purchased a house during the relationship where I alone got the mortgage but had his name placed on the deed at the time of purchase. I have had the house for 3.5 years. He had bad credit and difficulty keeping a job. I know bad choice in men ... I'm like a magnet!

In January of this year he became physically abusive and I had to file a protection from abuse order. We each got attorneys and I was awarded the house since I could prove that I paid the majority for the house ... his contributions were considered like rent. He had only worked a total of 1 year in the past 3.5 years that I owned the home. In return he had asked for several of my belongings in the house. In my paperwork he had 45 days to file a quit claim deed to have his name removed from my deed. And I had agreed to give him the items he wanted. He was to contact me through a justice of the peace to retrieve the items. There was no time limit outlined in the agreement for the items.

It has been about 90 days. I do not know if he has completed the quit claim deed. The courthouse will not release that information over the phone and I have not been able to take a day off of work to drive the 30 miles to the courthouse due to this being a busy season at my job.

Now on to my questions:
When a quit claim deed is completed would I get something in the mail notifying me?

He has never contacted me to pick up the items he wanted. How long do I have to keep the items available for him? Do I have to make an attempt to get in contact with him regardless of the protection order?

If the quit claim deed has not been completed within the 45 days as outlined in the agreement signed by both of us plus our lawyers ... what would my next step be to get his name off of my deed? Do I have to spend more money on an attorney to take him back to court for contempt?

Both my daughter and myself would like to move from this house with the bad memories. I am under the impression that the quit claim deed must be completed before I put the house up for sale ... or he would have to agree to the sale and be at the closing. Can anyone confirm this?

Thanks for any help!

 

[Ohiogal]

What is the name of your state? OH

I was co-habitating for 7 years, but never married to an ex-boyfriend. I purchased a house during the relationship where I alone got the mortgage but had his name placed on the deed at the time of purchase. I have had the house for 3.5 years. He had bad credit and difficulty keeping a job. I know bad choice in men ... I'm like a magnet!

In January of this year he became physically abusive and I had to file a protection from abuse order. We each got attorneys and I was awarded the house since I could prove that I paid the majority for the house ... his contributions were considered like rent. He had only worked a total of 1 year in the past 3.5 years that I owned the home. In return he had asked for several of my belongings in the house. In my paperwork he had 45 days to file a quit claim deed to have his name removed from my deed. And I had agreed to give him the items he wanted. He was to contact me through a justice of the peace to retrieve the items. There was no time limit outlined in the agreement for the items.

It has been about 90 days. I do not know if he has completed the quit claim deed. The courthouse will not release that information over the phone and I have not been able to take a day off of work to drive the 30 miles to the courthouse due to this being a busy season at my job.

Now on to my questions:
When a quit claim deed is completed would I get something in the mail notifying me?

You would get the quit claim deed in the mail after it was recorded at the recorder's office. Many counties have the recorder's office online so that you would be able to check.

He has never contacted me to pick up the items he wanted. How long do I have to keep the items available for him? Do I have to make an attempt to get in contact with him regardless of the protection order?

First of all I dont know that a justice of the peace would act as an intermediary to begin with. Secondly, you have to keep the items. They are not yours. Send him a certified letter return receipt requested informing him that he needs to abide by the court order and inform you of a time when he will pick up his stuff.
If the quit claim deed has not been completed within the 45 days as outlined in the agreement signed by both of us plus our lawyers ... what would my next step be to get his name off of my deed? Do I have to spend more money on an attorney to take him back to court for contempt?

Was the agreement ORDERED by a court? If not then you don't have a court order that he can be held in contempt of. YOu do have a contract which it sounds like he breached. You need to contact your attorney and find out if the COURT ordered this or if it is nothing more than a contract. If it is a court order you do not need an attorney but he can have one appoitned for him which means you would be outmanned.

Both my daughter and myself would like to move from this house with the bad memories. I am under the impression that the quit claim deed must be completed before I put the house up for sale ... or he would have to agree to the sale and be at the closing. Can anyone confirm this?

Thanks for any help!

He would have to agree to the sale since he is still on the house but not be at the closing necessarily. Ohio does not do round table closings as a habit. Most of it is done through mail with the sellers. Then the buyers show up. If he quit claimed the house to you then he would not need to sign anything either.

 

[scaredmom123]

Thank You + Update

Thanks for your advice!

You are correct in that the justice of the peace is not listed as the one who has to be contacted for the exchange of items ... it's the constable. I didn't have my papers in front of me.

I did find the recorder of deeds information online ... he has NOT completed the quit claim deed. So I will contact my attorney. Or, could I contact his attorney directly?

Is it possible to send a registered letter stating that the stuff must be picked up within say 30 days or I will start to charge a storage fee for a certain amount of time at $xx per day. Then after say another 30 days sell the property to pay the storage fees? Or is that unreasonable? I would like to move on with my life! I have no idea where he is living, so I would have to send the letter to his attorney.

Thanks again for the help!

 

[Ohiogal]

Thanks for your advice!

You are correct in that the justice of the peace is not listed as the one who has to be contacted for the exchange of items ... it's the constable. I didn't have my papers in front of me.

I did find the recorder of deeds information online ... he has NOT completed the quit claim deed. So I will contact my attorney. Or, could I contact his attorney directly?

Is it possible to send a registered letter stating that the stuff must be picked up within say 30 days or I will start to charge a storage fee for a certain amount of time at $xx per day. Then after say another 30 days sell the property to pay the storage fees? Or is that unreasonable? I would like to move on with my life! I have no idea where he is living, so I would have to send the letter to his attorney.

Thanks again for the help!

Talk to your attorney about this. Since you are represented and have an attorney the other attorney will not speak with you.