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  #1  
Old 07-23-2003, 06:20 PM
hdbabe
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Relinqish without quitclaim


What is the name of your state? Illinois

I was divorsed about 20 years ago. I got in the divoce settlement an undeveloped lot at Lake Thunderbird in Putnum,IL. A year later I could not afford the tax and assessment fees so I signed a paper to release the property to my exhusband. The paper was a typed note. (please be aware all typos and misspellings are on the note I signed) My exhusband's mother was a notery and she noterized it. The note reads: "I constance L. Rutz on this 18th day of May 1984. Sign my part of the Deed to Otto W. Rutz. The following described real estate situated in the County of Putman and the State of Illinios. Lot 97 of Plat of Survey of Indian Hill,s according to Plat thereof recorded in the Recorder,s Office of Putman county, Illinios in Plat Book 3, page 187 on January 8 1971 situted in Putman. I here by give up all rights to the above real estate. I no longer can be held responsible for any and all Taxes, that may be owed on said real estate."

I have not thought of this property since. I recently received a letter from a lawyer asking me to sign a quitclaim deed so that my exhusband can sell the property. Am I obligated by law to sign the quitclaim? I have offered to sign it for $1000 or to go to court to see if a judge will uphold the note I signed and force me to sign the quitclaim. I don't mean to cause a lot of trouble but I gave him 6 years equity in a house, all appliances, and most of the furniture, as well as not requiring any child support for our 2 children (we split school expenses). I'm not quite such a pushover anymore and would like to know what the law says.

Thanks, Connie Kern
  #2  
Old 07-23-2003, 06:30 PM
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Re: Relinqish without quitclaim


Quote:
Originally posted by hdbabe
What is the name of your state? Illinois

I was divorsed about 20 years ago. I got in the divoce settlement an undeveloped lot at Lake Thunderbird in Putnum,IL. A year later I could not afford the tax and assessment fees so I signed a paper to release the property to my exhusband. The paper was a typed note. (please be aware all typos and misspellings are on the note I signed) My exhusband's mother was a notery and she noterized it. The note reads: "I constance L. Rutz on this 18th day of May 1984. Sign my part of the Deed to Otto W. Rutz. The following described real estate situated in the County of Putman and the State of Illinios. Lot 97 of Plat of Survey of Indian Hill,s according to Plat thereof recorded in the Recorder,s Office of Putman county, Illinios in Plat Book 3, page 187 on January 8 1971 situted in Putman. I here by give up all rights to the above real estate. I no longer can be held responsible for any and all Taxes, that may be owed on said real estate."

I have not thought of this property since. I recently received a letter from a lawyer asking me to sign a quitclaim deed so that my exhusband can sell the property. Am I obligated by law to sign the quitclaim? I have offered to sign it for $1000 or to go to court to see if a judge will uphold the note I signed and force me to sign the quitclaim. I don't mean to cause a lot of trouble but I gave him 6 years equity in a house, all appliances, and most of the furniture, as well as not requiring any child support for our 2 children (we split school expenses). I'm not quite such a pushover anymore and would like to know what the law says.

Thanks, Connie Kern


If he has been the only one to pay the taxes in all those years, the law says the property is his.
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  #3  
Old 07-23-2003, 06:31 PM
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Re: Relinqish without quitclaim


Quote:
Originally posted by hdbabe
What is the name of your state? Illinois

I was divorsed about 20 years ago. I got in the divoce settlement an undeveloped lot at Lake Thunderbird in Putnum,IL. A year later I could not afford the tax and assessment fees so I signed a paper to release the property to my exhusband. The paper was a typed note. (please be aware all typos and misspellings are on the note I signed) My exhusband's mother was a notery and she noterized it. The note reads: "I constance L. Rutz on this 18th day of May 1984. Sign my part of the Deed to Otto W. Rutz. The following described real estate situated in the County of Putman and the State of Illinios. Lot 97 of Plat of Survey of Indian Hill,s according to Plat thereof recorded in the Recorder,s Office of Putman county, Illinios in Plat Book 3, page 187 on January 8 1971 situted in Putman. I here by give up all rights to the above real estate. I no longer can be held responsible for any and all Taxes, that may be owed on said real estate."

I have not thought of this property since. I recently received a letter from a lawyer asking me to sign a quitclaim deed so that my exhusband can sell the property. Am I obligated by law to sign the quitclaim? I have offered to sign it for $1000 or to go to court to see if a judge will uphold the note I signed and force me to sign the quitclaim. I don't mean to cause a lot of trouble but I gave him 6 years equity in a house, all appliances, and most of the furniture, as well as not requiring any child support for our 2 children (we split school expenses). I'm not quite such a pushover anymore and would like to know what the law says.

Thanks, Connie Kern
**A: your original intent was to deed the property over to him in 1984. Now, are you changing your mind?
  #4  
Old 07-23-2003, 06:38 PM
hexeliebe
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oh Brother....

O.K. I guess we can start here instead of chette's thread.

How about this poster. You demand $1,000 for signing over the deed. Your ex takes you to court. You hire an attorney for $200 an hour and he does a title search (min 4 hours), prepares documentations and exhibits (another 3 hours minimum) then appears for you in court (15 minutes).

Your legal bill is not $1,600 (attorneys I know don't split hours) and your ex pulls out the document you signed.

Case Closed.

You have just spent $1,600, received nothing and still don't have the land.

Now how are you feeling?
  #5  
Old 07-23-2003, 06:39 PM
hdbabe
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Yes, I suppose you could say I have changed my mind. Actually I'm just not the pushover I was 20 years ago. I have offered to him to go to court and let a judge decide. I was just wondering if it is cut-and-dry that I would be forced to sign the quitclaim.
  #6  
Old 07-23-2003, 06:40 PM
hexeliebe
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see my post above and then come back and tell me it's still a good idea.
  #7  
Old 07-23-2003, 06:41 PM
hdbabe
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I actually would have no legal fees except court costs (if I had to pay them) because we get fee legal services through my current husband's union. I don't want to be a butthead, as I said I already gave him just about everything but the shirt off my back.
  #8  
Old 07-23-2003, 06:43 PM
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Location: Catatonic State
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Quote:
Originally posted by hdbabe
Yes, I suppose you could say I have changed my mind. Actually I'm just not the pushover I was 20 years ago. I have offered to him to go to court and let a judge decide. I was just wondering if it is cut-and-dry that I would be forced to sign the quitclaim.
**A: have you contributed in any way into the property since 1984 ie. paying mortgage, real property taxes, hazard insurance, repair and maintenance, landscaping, inspection, survey, title report, appraisal, renovations etc.
  #9  
Old 07-23-2003, 06:46 PM
hdbabe
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He sent me the $ amounts he has put out in the last 20 years. It's approximately $4000 ($2000 in taxes and $2000 in Lake Fees). The Lake fees are for the use of the beach, lake, campground, pool, clubhouse, etc. He is selling the property for $6400 with a proceed after all the fees of $5100. I didn't think $1000 was unreasonable.
  #10  
Old 07-23-2003, 06:53 PM
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Location: Catatonic State
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sign the deed and do not ask for 1 cent.
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