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  #1  
Old 09-12-2005, 03:31 PM
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Ex-wife on deed of my husband's house

What is the name of your state? MD

I moved into my husband's house and we want to refinance. Problem, his ex-wife is on the deed and mortgage. The lending company won't approve the loan unless she states she withdraws her rights as owner. My husband is willing to pay her $10k to relinquish rights - as long as he can refinance of course. However, she hasn't paid anything on the house in over 10 years, couldn't he request her to sign a quit claim deed, as she has no interest in the house?

He did speak to her and she's seeing $$$ signs, he hasn't given her a figure yet, he wants to know that she is willing to sign over her rights.

I wonder, is there a statute of limitations on a court order stating that if he sells the house he has to pay her half - what about refinancing - how does that work?
  #2  
Old 09-12-2005, 03:46 PM
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Quote:
Originally Posted by kns75
What is the name of your state? MD

I moved into my husband's house and we want to refinance. Problem, his ex-wife is on the deed and mortgage. The lending company won't approve the loan unless she states she withdraws her rights as owner. My husband is willing to pay her $10k to relinquish rights - as long as he can refinance of course. However, she hasn't paid anything on the house in over 10 years, couldn't he request her to sign a quit claim deed, as she has no interest in the house?

He did speak to her and she's seeing $$$ signs, he hasn't given her a figure yet, he wants to know that she is willing to sign over her rights.

I wonder, is there a statute of limitations on a court order stating that if he sells the house he has to pay her half - what about refinancing - how does that work?
He should have refinanced immediately after the divorce. Now she can hold out for 1/2 of the equity.

How are the names EXCATLY written on the deed?
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  #3  
Old 09-13-2005, 07:08 AM
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Quote:
Originally Posted by BelizeBreeze
He should have refinanced immediately after the divorce. Now she can hold out for 1/2 of the equity.

How are the names EXCATLY written on the deed?
His name first then hers.
  #4  
Old 09-13-2005, 07:13 AM
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Quote:
Originally Posted by kns75
His name first then hers.
that is NOT how they are listed. Now, try again and place here the EXACT WORDING!
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  #5  
Old 09-13-2005, 07:51 AM
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Quote:
Originally Posted by kns75
couldn't he request her to sign a quit claim deed, as she has no interest in the house?
He can 'request' anything he wants from her. However, the house is NOT his... it is THEIRS and she has no obligation to do anything.

Quote:
I wonder, is there a statute of limitations on a court order stating that if he sells the house he has to pay her half - what about refinancing - how does that work?
It depends ENTIRELY on what the court order says. If there isn't a date for the sale/refinance to occur, then she can certainly claim half of the equity (value) increase from the date of marriage to now... which will likely be far more than the $10,000 he is considering offering her.

Your husband needs to get off his ass and RUN to a local attorney who can review ALL the facts and advise him how much it is going to cost him for his NOT doing this at the time of the divorce.
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There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).

Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
  #6  
Old 09-13-2005, 07:54 AM
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Quote:
Originally Posted by JETX
He can 'request' anything he wants from her. However, the house is NOT his... it is THEIRS and she has no obligation to do anything.


It depends ENTIRELY on what the court order says. If there isn't a date for the sale/refinance to occur, then she can certainly claim half of the equity (value) increase from the date of marriage to now... which will likely be far more than the $10,000 he is considering offering her.

Your husband needs to get off his ass and RUN to a local attorney who can review ALL the facts and advise him how much it is going to cost him for his NOT doing this at the time of the divorce.


I agree, but you can't tell him that - he thinks he's getting over on her. I think being vindictive is not going to fair well on his end.
  #7  
Old 09-13-2005, 07:59 AM
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Quote:
Originally Posted by kns75
I agree, but you can't tell him that - he thinks he's getting over on her. I think being vindictive is not going to fair well on his end.
Yep. He is pre-destined to lose that battle.
And all the while, HER equity, and right to compensation, just continues to build on the property.
__________________
There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).

Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
  #8  
Old 09-13-2005, 08:12 AM
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Angry
Quote:
Originally Posted by JETX
Yep. He is pre-destined to lose that battle.
And all the while, HER equity, and right to compensation, just continues to build on the property.
We're getting straight cash from the refinancing and he just found out from her she wants half. I'm not happy about the idea of paying off a loan and half of it is for the ex, but I want to ensure that if anything happens to my husband, she doesn't try to come and kid our daughter and I out.

He definitely should have handled this years ago.
  #9  
Old 09-13-2005, 08:18 AM
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Quote:
Originally Posted by kns75
We're getting straight cash from the refinancing and he just found out from her she wants half.
Depending on how the family court order reads, she could be entitled to half the entire house, or half the equity since the date of marriage, or half the equity since the family court order.... or any of several other possiblity's.
That is why it is IMPERATIVE that he have an attorney read the actual order to see what she is entitled to.... and try to negotiate a settlement.
__________________
There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).

Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
  #10  
Old 09-13-2005, 08:24 AM
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Quote:
Originally Posted by JETX
Depending on how the family court order reads, she could be entitled to half the entire house, or half the equity since the date of marriage, or half the equity since the family court order.... or any of several other possiblity's.
That is why it is IMPERATIVE that he have an attorney read the actual order to see what she is entitled to.... and try to negotiate a settlement.
I keep telling him to get a lawyer because she seems like a real bear! He's stubborn - I just see it turning into a big mess. I hope he knows what he's doing.
  #11  
Old 09-13-2005, 08:26 AM
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Quote:
Originally Posted by kns75
I keep telling him to get a lawyer because she seems like a real bear! He's stubborn - I just see it turning into a big mess. I hope he knows what he's doing.
Wanna' bet that SHE has an attorney?
__________________
There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).

Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
  #12  
Old 09-13-2005, 09:01 AM
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Yes, I'll bet that she has an attorney.
  #13  
Old 09-13-2005, 09:11 AM
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Quote:
Originally Posted by HomeGuru
Yes, I'll bet that she has an attorney.
She probably does - she seems VERY bitter.
  #14  
Old 09-13-2005, 09:15 AM
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that's because her attorney is a biter. Can you say pit bull?
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