Quit Claim Question

[redheadvol]

What is the name of your state? Tennessee

In 2005, my ex-husband and I divorced. He was ordered to refinance the home in his name (within 90 days). The home was on a Veteran Affairs (VA) program. In June 2006 I finally received a packet of information in the mail from the mortgage company and VA. Part of the process for the VA piece indicated I would need to have a quitclaim on file in the state before they would consider releasing me from liability. I sent in all paperwork and filed my quitclaim. The ex-husband never submitted his paperwork. He has since moved into the home (no equity by the way). He was arrested at the home (felony). The felonious activties took place in the home. I tried to sign a consent to search so the Sherriff's office could search at any time (my toddler son used to visit the home). I cant because of the quitclaim. I did the quitclaim and mortgage papers myself (no money for attorney)

I did file a temp parenting plan adjustment and a motion for contempt toward my ex, but I would like to sign the consent. I do not want or need to financially liable for the property (which he trashed). What can I do?

[FlyingRon]

Originally Posted by redheadvol

I did file a temp parenting plan adjustment and a motion for contempt toward my ex, but I would like to sign the consent. I do not want or need to financially liable for the property (which he trashed). What can I do?

Presumably you recorded the quit claim deed. In that case, you are screwed. You have no ownership interest so no you can not consent to a search. You are still on the mortgage. Generally you let the person who is handling the closing execute the title transfer concurrent with the refinancing.

You need to go back to the court that issued the divorce/property settlement and see if they can work on getting your ex to finish the paperwork.