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  #1  
Old 11-22-2004, 09:20 AM
jos269
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Question

when does the sale of house actually happen


What is the name of your state?Michigan

When I was divorced my ex was awarded the house, with the contigency that I would recieve money when she sold the house or when my daughter turned 19, which ever came first. I was still on the mortgage and the Title of the house. She refinanced the house in her name only and took my name off of the title and added her new significant other. She says she did not sell the house due to she still lives there. I say she took my name off of the title, which means she sold the house and owes me the money. Who is right? Please help. Thank you
  #2  
Old 11-22-2004, 09:28 AM
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Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by jos269
What is the name of your state?Michigan

When I was divorced my ex was awarded the house, with the contigency that I would recieve money when she sold the house or when my daughter turned 19, which ever came first. I was still on the mortgage and the Title of the house. She refinanced the house in her name only and took my name off of the title and added her new significant other. She says she did not sell the house due to she still lives there. I say she took my name off of the title, which means she sold the house and owes me the money. Who is right? Please help. Thank you
**A: she can't just take your name off title. You would have to sign a quit claim deed. Now what is the true and complete story?
  #3  
Old 11-22-2004, 09:34 AM
jos269
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follow up-quit claim info


She asked me to sign a quit claim deed and I said no unless she would give me something in writing saying i would still get my money. She said she was awarded the house in the divorce so all she had to do was file a copy of the divorce papers to get my name off of the house. But if i signed the quit claim deed it would save her a couple of hundred dollars to file it. But I never did sign anything.
  #4  
Old 11-22-2004, 09:36 AM
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Quote:
Originally Posted by jos269
She asked me to sign a quit claim deed and I said no unless she would give me something in writing saying i would still get my money. She said she was awarded the house in the divorce so all she had to do was file a copy of the divorce papers to get my name off of the house. But if i signed the quit claim deed it would save her a couple of hundred dollars to file it. But I never did sign anything.
HG is going to love answering this one. And you will even like his answer berry berry much
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  #5  
Old 11-22-2004, 09:37 AM
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Join Date: May 2000
Location: Catatonic State
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Quote:
Originally Posted by jos269
She asked me to sign a quit claim deed and I said no unless she would give me something in writing saying i would still get my money. She said she was awarded the house in the divorce so all she had to do was file a copy of the divorce papers to get my name off of the house. But if i signed the quit claim deed it would save her a couple of hundred dollars to file it. But I never did sign anything.
**A: then go see an attorney because you're still confused.
  #6  
Old 11-24-2004, 08:58 AM
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Join Date: Apr 2001
Posts: 17

go see an attorney because you're still confused?


This is not legal advice but if jos269 went down to
his local Legal Library and looked up Quit Claims and then
looked up what language he could add (like a deed of trust, Promissory note language etc) to the quit claim that would guarantee he could file/collect or garnish his ex-wife’s
bank account etc etc starting on the date when the Quit Claim was filed unless all owed proceeds were paid and with
this added language (I would verify the language in the Quit Claim meets the test by having a real Estate attorney verify you could collect)

If it is true his ex was suppose to give half the proceeds on the sale of the house then if the Quit Claim was written to include language that included
a way to start a Non-Judicial foreclosure or process to collect for jos269

But I was in a similar situation and if She wants to decieve you
and take your money just let her have it your Daughter will
think very highly of you which is worth all the money in the World.

You may also be able to deduct a Tax loss (if you have proof of sale which can be checked with your or that county records of any deed of trust) that she illegally removed your name and (check with a competant Tax Accountant)
if money or assets were illegally taken from you, you can apply that against
each years Income tax.
  #7  
Old 11-25-2004, 12:05 AM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by test
This is not legal advice but if jos269 went down to
his local Legal Library and looked up Quit Claims and then
looked up what language he could add (like a deed of trust, Promissory note language etc) to the quit claim that would guarantee he could file/collect or garnish his ex-wife’s
bank account etc etc starting on the date when the Quit Claim was filed unless all owed proceeds were paid and with
this added language (I would verify the language in the Quit Claim meets the test by having a real Estate attorney verify you could collect)

If it is true his ex was suppose to give half the proceeds on the sale of the house then if the Quit Claim was written to include language that included
a way to start a Non-Judicial foreclosure or process to collect for jos269

But I was in a similar situation and if She wants to decieve you
and take your money just let her have it your Daughter will
think very highly of you which is worth all the money in the World.

You may also be able to deduct a Tax loss (if you have proof of sale which can be checked with your or that county records of any deed of trust) that she illegally removed your name and (check with a competant Tax Accountant)
if money or assets were illegally taken from you, you can apply that against
each years Income tax.
**A: what the heck are you talking about?
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