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Questions regarding Quit claim after divorce

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C

Copperarab

Member
What is the name of your state (only U.S. law)? OK

I did a SEARCH on quit claim deeds and am quite sure of the answer but just wanted confirmation.

I was recently divorced after 18 years. I moved out of the marital home two years ago and let him have the house. The divorce was final last month with the home going to him and the decree states he is to ' try every six months to refi the home or to sell it' I gave him 18 months to do either to get my name off the mortgage.

In return I got my 2005 car that he is to pay off as alimony (7,000) and six months insurance. He is also suppose to pay the IRS taxes owed from 2006 (4k) and my remaining attorney fees (2.5k)

It has only been a month and he calls claiming he cannot pay the car payments (2 months behind now) cannot keep insurance on it ($65 mth) cannot pay the attorney fees and that the IRS had frozen/taken his bank account. I called the loan co for the car, course they would not speak to me.

The ex texted me last night and now is asking me to sign 'the papers' so he can sell the house. He spoke to our realtor from 5 years ago and she told him she would sell it fast (yeahhh right) and that I needed to sign it over to him to sell it. I know they are speaking of the Quit Claim deed.

Since I am on both the mortgage and deed I assume it would be in my best interest NOT to sign until the house sells, correct? CAN he put the house on the market without my signing anything at this point and I just show up at the final sale and sign over my rights to the home then?
He says he thinks he needs either me to sign the forms or that he could go to the courthouse to get a notarized copy of something saying he 'owns' the home per the divorce decree.

I dont care if he sells the home. I have no legal interest in any equity or amounts from the sale proceeds. I just dont want to be liable for the mortgage for the next umpteenth years w/o having legal ownership of it too.

The ex calims he is going to lose the house (foreclosure) and that is why he is selling it now.

Thanks~What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
 


LdiJ

LdiJ

Senior Member
Copperarab said:
What is the name of your state (only U.S. law)? OK

I did a SEARCH on quit claim deeds and am quite sure of the answer but just wanted confirmation.

I was recently divorced after 18 years. I moved out of the marital home two years ago and let him have the house. The divorce was final last month with the home going to him and the decree states he is to ' try every six months to refi the home or to sell it' I gave him 18 months to do either to get my name off the mortgage.

In return I got my 2005 car that he is to pay off as alimony (7,000) and six months insurance. He is also suppose to pay the IRS taxes owed from 2006 (4k) and my remaining attorney fees (2.5k)

It has only been a month and he calls claiming he cannot pay the car payments (2 months behind now) cannot keep insurance on it ($65 mth) cannot pay the attorney fees and that the IRS had frozen/taken his bank account. I called the loan co for the car, course they would not speak to me.

The ex texted me last night and now is asking me to sign 'the papers' so he can sell the house. He spoke to our realtor from 5 years ago and she told him she would sell it fast (yeahhh right) and that I needed to sign it over to him to sell it. I know they are speaking of the Quit Claim deed.

Since I am on both the mortgage and deed I assume it would be in my best interest NOT to sign until the house sells, correct? CAN he put the house on the market without my signing anything at this point and I just show up at the final sale and sign over my rights to the home then?
He says he thinks he needs either me to sign the forms or that he could go to the courthouse to get a notarized copy of something saying he 'owns' the home per the divorce decree.

I dont care if he sells the home. I have no legal interest in any equity or amounts from the sale proceeds. I just dont want to be liable for the mortgage for the next umpteenth years w/o having legal ownership of it too.

The ex calims he is going to lose the house (foreclosure) and that is why he is selling it now.

Thanks~What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
Click to expand...
Don't sign the quit claim deed until you are sitting at the closing table signing the closing papers on the house.

That means that you will have to cooperate with the selling of the house (signing purchase agreements etc) and you will have to go to closing, but don't sign the quit claim deed until then.

Also, make it clear to him that if he doesn't meet his financial obligations to you under the divorce, that you will take him back to court for contempt...and he will just end up owing MORE attorney fees for you.
 
M

mistoffolees

Senior Member
LdiJ said:
Don't sign the quit claim deed until you are sitting at the closing table signing the closing papers on the house.

That means that you will have to cooperate with the selling of the house (signing purchase agreements etc) and you will have to go to closing, but don't sign the quit claim deed until then.

Also, make it clear to him that if he doesn't meet his financial obligations to you under the divorce, that you will take him back to court for contempt...and he will just end up owing MORE attorney fees for you.
Click to expand...
That is all correct. If it were me, I would suggest that the car be paid off at closing, as well. Since he's threatening to stop paying the car payment, that might be reasonable.
 
C

Copperarab

Member
Thanks both of you..I am determined to protect myself as much as possible and do appreciate what you confirmed i felt what the best route to take.

Unfortunately the house has taken a beating after I left. My years of landscaping and interior decor has pretty much gone down the tubes..thanks to the ex and his girlfriend, her kids, and her many dogs.

He is not going to like what I tell him regarding the quit claim... but I am tired of his threats..guess I am stuck dealing with him a bit more, til the house sells.
 
G

Golfball

Member
There may very well be good reasons to sign a QC deed prior to a refi/sale. However, those are usually because the alternative(s) (from the point of view of the party QC'ing the property) are worse.
 
M

mistoffolees

Senior Member
Golfball said:
There may very well be good reasons to sign a QC deed prior to a refi/sale. However, those are usually because the alternative(s) (from the point of view of the party QC'ing the property) are worse.
Click to expand...
The problem is that signing a quit claim doesn't solve any of those problems (or, at least, not most of them).

Even if OP signs a quit claim, he/she is still responsible for his/her share of marital debt, for example.
 
G

Golfball

Member
mistoffolees said:
The problem is that signing a quit claim doesn't solve any of those problems (or, at least, not most of them).

Even if OP signs a quit claim, he/she is still responsible for his/her share of marital debt, for example.
Click to expand...
Yes, in this case the alternatives are not (necessarily) worse.

It *might* be in one's best interest to sign a QC deed if doing so means you get your share of house equity before the house sells. (Assuming that the party been QC'd to doesn't want the property, either.) Of course, there is still the risk that the party retaining the house might stop the payments, and you'll be really SOL. But no risk, no reward.
 
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