Divorce decree implementation

[borreman]

Great! Thank you

 

[LdiJ]

Nope. You're absolutely right. If you can afford to give her the money, that's the most fool-proof thing to do. Give the quit claim deed to the closing company with instructions that it takes effect only when your name is taken off the mortgage.

I will add one proviso...

You could even simply state to the ex that you will not provide a quit claim deed unless its done with you present at the closing table for a refi. That is a little bit of a hassle for you, but its a 100% guarantee that nothing could go wrong for you.

 

[mistoffolees]

I will add one proviso...

You could even simply state to the ex that you will not provide a quit claim deed unless its done with you present at the closing table for a refi. That is a little bit of a hassle for you, but its a 100% guarantee that nothing could go wrong for you.

Again, if the ex wants to play technicality games, that could go against OP. It shouldn't, but why create the issue? OP can get the same effect by signing the quit claim deed today and giving it to the closing company with instructions to release it only on refinancing. Then OP can claim that he did sign the quit claim.

 

[LdiJ]

Again, if the ex wants to play technicality games, that could go against OP. It shouldn't, but why create the issue? OP can get the same effect by signing the quit claim deed today and giving it to the closing company with instructions to release it only on refinancing. Then OP can claim that he did sign the quit claim.

The problem is that a quit claim deed would exist and a closing might not happen. I know of many people who did not sign a quit claim until they were at the closing table. I haven't seen any case where a judge didn't see that as reasonable.