I refuse to sign the Quit Claim...Can he sell the house without it???

[P2Kats]

California: My final divorce decree gave all real property and all debt (with the exception of two credit cards) to my ex. This was not my first choice but what my attorney advised to avoid a long, expensive divorce. Since then, my ex has failed to pay credit cards or mortgages on time, he has signed up with CCC, without my knowledge (including two cards that were in my name only), and because my name is still on all accounts, my credit has now been destroyed. However, I have never signed a "Quit Claim" on the real property and he is now listing it for sale. I refuse to sign any documentation, including the Quit Claim, until all debts which have my name on them are paid in full or my name is removed. Is there any way he can sell without my signature? If he does, or attempts to, what recourse do I have? And do I have any recourse on his failure to fullfill his part of the agreement? My attorney did absolutely nothing to protect me from responsibility of the debt and now, I stand to gain nothing from profits made on real property.
At this point I am frustrated and not just a little angry with my attorney as well as my ex! I would appreciate any advice you can give.



------------------

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by P2Kats:
California: My final divorce decree gave all real property and all debt (with the exception of two credit cards) to my ex. This was not my first choice but what my attorney advised to avoid a long, expensive divorce. Since then, my ex has failed to pay credit cards or mortgages on time, he has signed up with CCC, without my knowledge (including two cards that were in my name only), and because my name is still on all accounts, my credit has now been destroyed. However, I have never signed a "Quit Claim" on the real property and he is now listing it for sale. I refuse to sign any documentation, including the Quit Claim, until all debts which have my name on them are paid in full or my name is removed. Is there any way he can sell without my signature? If he does, or attempts to, what recourse do I have? And do I have any recourse on his failure to fullfill his part of the agreement? My attorney did absolutely nothing to protect me from responsibility of the debt and now, I stand to gain nothing from profits made on real property.
At this point I am frustrated and not just a little angry with my attorney as well as my ex! I would appreciate any advice you can give.

<HR></BLOCKQUOTE>

Get another attorney and go back into court to resolve the issues. Do not sign anything yet. He can not sell until you deed your interest to him.

 

[P2Kats]

I am now living in a different county. Would I have to go back to court in the same county as the divorce was granted or can I do something here? Since it's at least 5 - 6 hours away, it would obviously be to my advantage here.

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by P2Kats:
I am now living in a different county. Would I have to go back to court in the same county as the divorce was granted or can I do something here? Since it's at least 5 - 6 hours away, it would obviously be to my advantage here.<HR></BLOCKQUOTE>

Check with your new attorney as to the proper venue.