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waiver of interest of property

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K

kdrane

Guest
What is the name of your state? Massachusetts
bought house 1987 w/1st husband. deceased 1991. remarried in 1998 added new spouse on deed. is he entitield to 1/2 the equity and what if he is willing to sign a waiver stating he has no interest in property...can this be done?
 


I AM ALWAYS LIABLE

Senior Member
kdrane said:
What is the name of your state? Massachusetts
bought house 1987 w/1st husband. deceased 1991. remarried in 1998 added new spouse on deed. is he entitield to 1/2 the equity and what if he is willing to sign a waiver stating he has no interest in property...can this be done?

My response:

If he'll sign one, have him sign a "Quit Claim Deed", releasing all interest and claims he may have in the property. Make sure to give him a check, say for $10.00, in exchange for his signature. Without some sort of "payment" to him for his signature, then the Quit Claim Deed will have no validity.

IAAL
 

nextwife

Senior Member
Yes, he can Quit Claim any interest he may have had in the property to you. Be certain to have him sign ALL forms needed to get the QC of record and that the legal description is accurate. Be aware that if any judgements/CS liens were docketed against him in your county, they would be liens against the RE and stay against the property even after a QC is done.
 
I

IwntTheTruth

Guest
Quit Claim needs APayment????

I'm in California
I signed a Wuit Claim and didn't recieve a fee for my signature. I was totally taken advantage of by my husband and his lawyer, I didn't have a lawyer, I was also going thru a nervouse break down at the time in my life. Does this mean the quit claim I signed is invalid because I didn't recieve payment for it??? Although he did pay off credit cards I had run up useing for them for the home and sometimes even groceries. But I wasn't told they were being paid off for my signature. I didn't recieve anything from the divorce
I went to live with a girl friend and my life went down hill real fast.
Thiswas in 1999 , is ther a time limit. Please don't ask me to repeat myself, This is as plain as I can make it.
Thanks
The big fat dummy, well I'm far frombeing fat hehehe:confused:
 

nextwife

Senior Member
" Does this mean the quit claim I signed is invalid because I didn't recieve payment for it???"

In general a Quit claim does NOT require a payment of consideration. So the fact of not recieving payment in exchange for a QC does not, in itself, invalidate it.
 

I AM ALWAYS LIABLE

Senior Member
nextwife said:
In general a Quit claim does NOT require a payment of consideration. So the fact of not recieving payment in exchange for a QC does not, in itself, invalidate it.

=====================================

My response:

Nextwife - - on which planet did you take your law courses?

You're wrong.

IAAL
 

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