Quit calim question

[ragwingshadow]

What is the name of your state? Ca.
My ex-wife and I agreed to sell our house after the divorce to pay back taxes owed on a business we ran together. She and I signed and notarized a quit claim to a third party 2.5 years ago, but, it was never recorded. Now I am in position to refinace the house and pay all the taxes, without losing the home, yet she will not sign a quit claim over to me.
My question to you is, can she quit claim her interest to someone else, or do both our names have to be on any transfer of interest?
Thank you for reading,
Ragwingshadow

 

[seniorjudge]

What is the name of your state? Ca.
My ex-wife and I agreed to sell our house after the divorce to pay back taxes owed on a business we ran together. She and I signed and notarized a quit claim to a third party 2.5 years ago, but, it was never recorded. Now I am in position to refinace the house and pay all the taxes, without losing the home, yet she will not sign a quit claim over to me.
My question to you is, can she quit claim her interest to someone else, or do both our names have to be on any transfer of interest?
Thank you for reading,
Ragwingshadow

Were you divorced when you deeded the property?

 

[ragwingshadow]

No, at the time we were legally married.
Thanks

 

[seniorjudge]

No, at the time we were legally married.
Thanks

Okay, then why did you say: "My ex-wife and I agreed to sell our house after the divorce to pay back taxes owed on a business we ran together."

Who did you deed the property to?

Please start all over and give us the facts in a timeline.

I, for one, am very confused by your post.

Give us a hint or two....

 

[ragwingshadow]

Sorry, yes my post seemed confusing,
Nov of 2002, my wife and I seperated pending divorce. I took over her position in the business and soon found out about the tax problem. The taxes owed were more than the equity in the house at the time. I agreed to assume all the company debt, including taxes if she signed the house over to me. I filled out two quit claims to be signed. One, from her to myself, so I could try to refinance, and another, from her and I to our friend, so if could not refi, I could sell the house to him to pay off the debt. She only signed the one to our friend. I have the deed, but have not recorded it because I have been trying to strike a deal with the IRS. The judge granted us a divorce including this agreement in April of 2003. Now, after more than two years, I have a tenative agreement with the IRS and I think I have enough equity to pay the IRS and keep the house, however, she will not sign a deed to me so that I can refinance. She wants the house sold and half the money, which is way more now than the original agreement. My concern is whether or not she can deed the house to someone else, thereby making the deed to my friend worthless should I ever need to record it. The house is still recorded as husband and wife/joint tenants
I'll bet your sorry you asked aren't you
Thanks
RWS

 

[seniorjudge]

Sorry, yes my post seemed confusing,
Nov of 2002, my wife and I seperated pending divorce. I took over her position in the business and soon found out about the tax problem. The taxes owed were more than the equity in the house at the time. I agreed to assume all the company debt, including taxes if she signed the house over to me. I filled out two quit claims to be signed. One, from her to myself, so I could try to refinance, and another, from her and I to our friend, so if could not refi, I could sell the house to him to pay off the debt. She only signed the one to our friend. I have the deed, but have not recorded it because I have been trying to strike a deal with the IRS. The judge granted us a divorce including this agreement in April of 2003. Now, after more than two years, I have a tenative agreement with the IRS and I think I have enough equity to pay the IRS and keep the house, however, she will not sign a deed to me so that I can refinance. She wants the house sold and half the money, which is way more now than the original agreement. My concern is whether or not she can deed the house to someone else, thereby making the deed to my friend worthless should I ever need to record it. The house is still recorded as husband and wife/joint tenants
I'll bet your sorry you asked aren't you
Thanks
RWS

What did the judgment in your lawsuit say about the disposition of the property?

 

[ragwingshadow]

The divorce judgment stated I was to receive her interest in the property and use that to repay the debt. I just found out she cannot deed her interest to anyone else (which was my original question) since I am still on the recorded deed. We are entering into escrow and recording the deed that she and I signed to our friend, sell the home and pay the debt. Thank for your replies Seniorjudge, I think the problem is being resolved.
Over & Out,
RWS

 

[seniorjudge]

The divorce judgment stated I was to receive her interest in the property and use that to repay the debt. I just found out she cannot deed her interest to anyone else (which was my original question) since I am still on the recorded deed. We are entering into escrow and recording the deed that she and I signed to our friend, sell the home and pay the debt. Thank for your replies Seniorjudge, I think the problem is being resolved.
Over & Out,
RWS

That was not correct info you got...better check that out a little more.