Mr Nice Guy

[Bali Hai]

He stated that she was to refi immediately and he was to give her the quit claim immediately. Therefore it could be "argued" that they were to happen simultaneously. I am not saying that the order specifically says that, I am saying that it could be interpreted/argued that way that therefore I think there is some doubt that a judge would consider that "willful" contempt. Particularly since he will be able to honestly state that he would have cheerfully signed the quit claim deed at the closing table of her refinance.

And, no, she wouldn't be selling him the house for a dollar. Since she was awarded the house in the divorce she would be selling him the house for the balance of the mortgage due, plus even perhaps some equity if any equity exists. These things go through a normal closing just like any other sale. There is nothing informal about it.

If she won't agree then he needs to take it to court, but if she does, its no different than any other voluntary sale of property and doesn't require any court involvement.

The most important thing however is that he cannot just move into the house, and take over the mortgage, without eventually having a closing happen or court intervention happen. Otherwise, he simply becomes her long term tenant and she continues to own the home via the divorce decree. He could end up paying it off in whatever amount of years remains on the mortgage, with her continuing to own it via the divorce decree. That of course would NOT be in his best interest, other than protecting his credit.

She was to refi immediately, he was to sign the quit claim within a reasonable length of time.

His signing the quit claim is contingent upon her refi. That's how it should play out.

However, when dealing with incompetent lawyers and judges, anything can happen.

 

[mistoffolees]

She was to refi immediately, he was to sign the quit claim within a reasonable length of time.

His signing the quit claim is contingent upon her refi. That's how it should play out.

However, when dealing with incompetent lawyers and judges, anything can happen.

No one is interested in how you think it SHOULD play out. And the bolded part is just plain wrong. Please show where the order says that one thing is contingent on the other.

The order does not make either of their actions contingent on the other one. It says Husband does A, wife does B. If either one fails to do what they're supposed to do, they can be held in contempt.

Now, under the circumstances, I don't think contempt is likely - wife is unable to refi even if she tried and husband can make a reasonable argument for not signing the quit claim until she refinances, but that doesn't change what the order actually SAYS. If you want to argue that it is reasonable to violate the order by not signing the quit claim (as Ld did), a reasonable argument could be made for that. But don't start saying that the order says that it's OK.

 

[Bali Hai]

No one is interested in how you think it SHOULD play out. And the bolded part is just plain wrong. Please show where the order says that one thing is contingent on the other.

The order does not make either of their actions contingent on the other one. It says Husband does A, wife does B. If either one fails to do what they're supposed to do, they can be held in contempt.

Now, under the circumstances, I don't think contempt is likely - wife is unable to refi even if she tried and husband can make a reasonable argument for not signing the quit claim until she refinances, but that doesn't change what the order actually SAYS. If you want to argue that it is reasonable to violate the order by not signing the quit claim (as Ld did), a reasonable argument could be made for that. But don't start saying that the order says that it's OK.

No one is interested in hearing you trying to defend nonsense from legal knitwits.

The order is ridiculous and inept, make a credible argument that it isn't.

 

[mistoffolees]

No one is interested in hearing you trying to defend nonsense from legal knitwits.

The order is ridiculous and inept, make a credible argument that it isn't.

I didn't say it wasn't, nor am I defending the order.

I'm just asking you to stop lying about what the order says. Legal advice should be based on what the order actually says, not what you wish it said.

 

[Bali Hai]

I didn't say it wasn't, nor am I defending the order.

I'm just asking you to stop lying about what the order says. Legal advice should be based on what the order actually says, not what you wish it said.

Feel free to interpret the order any way you like, and I'll do the same.

Hopefully OP doesn't get the same judge in contempt proceedings who railroaded him in the divorce.

 

[mistoffolees]

Feel free to interpret the order any way you like, and I'll do the same.

You're free to interpret what's there however you'd like. You're not free to insert things that aren't there.

 

[Bali Hai]

You're free to interpret what's there however you'd like. You're not free to insert things that aren't there.

I'm not inserting anything, I'm making an inference.

The order doesn't blatantly say OP is ordered to cut his own throat, but that's exactly what he would be doing if he took your advice and signed the quit claim deed. This is not an insertion, it's an inference.

 

[mistoffolees]

I'm not inserting anything, I'm making an inference.

The order doesn't blatantly say OP is ordered to cut his own throat, but that's exactly what he would be doing if he took your advice and signed the quit claim deed. This is not an insertion, it's an inference.

No, you're making things up - which is what you usually do.

There is absolutely nothing in the order that entitles OP to hold off on signing, nor is there anything that says he can wait until she refinances to sign a quit claim.

The only place your claim appears is in your own delusions.

 

[Bali Hai]

No, you're making things up - which is what you usually do.

There is absolutely nothing in the order that entitles OP to hold off on signing, nor is there anything that says he can wait until she refinances to sign a quit claim.

The only place your claim appears is in your own delusions.

Common sense entitles OP to hold off on signing. There was apparently a clear lack of common sense on the part of the judge and her lawyer. If the judge doesn't like that, perhaps the judge can order a quit claim deed from OP to wife without OP's signature. As a matter of fact, if it were me, I would go to jail before signing the quit claim deed without a refi. This is just another example of judges bullying husbands in divorce cases.

 

[mistoffolees]

Common sense entitles OP to hold off on signing. There was apparently a clear lack of common sense on the part of the judge and her lawyer. If the judge doesn't like that, perhaps the judge can order a quit claim deed from OP to wife without OP's signature. As a matter of fact, if it were me, I would go to jail before signing the quit claim deed without a refi. This is just another example of judges bullying husbands in divorce cases.

I already said that a reasonable argument could be made for not signing until the refinance.

That does NOT excuse your telling OP that the order already says that it can wait. Please do not make things up and tell people that they're already in the order.

 

[Mr Nice Guy]

The ex said she would sign off on a deed, just prepare it and send it she would sign and have notorized...


My question is, do I myself prepare the deed or have an attorney do it?

Which deed do I use? Quitclaim Deed or Special Warranty Deed, or General Warranty Deed?

I want to get this done asap before she has time to change her mind...Thanks for all of your responses they have cleared a lot up for me...Mr Nice Guy

 

[LdiJ]

No one is interested in how you think it SHOULD play out. And the bolded part is just plain wrong. Please show where the order says that one thing is contingent on the other.

The order does not make either of their actions contingent on the other one. It says Husband does A, wife does B. If either one fails to do what they're supposed to do, they can be held in contempt.

Now, under the circumstances, I don't think contempt is likely - wife is unable to refi even if she tried and husband can make a reasonable argument for not signing the quit claim until she refinances, but that doesn't change what the order actually SAYS. If you want to argue that it is reasonable to violate the order by not signing the quit claim (as Ld did), a reasonable argument could be made for that. But don't start saying that the order says that it's OK.

I did not say that it was reasonable to violate. I said that a valid argument could be made that it was not a willful violation, and that he had every intention of obeying the order as part of her refinance. There is a difference.

 

[LdiJ]

The ex said she would sign off on a deed, just prepare it and send it she would sign and have notorized...


My question is, do I myself prepare the deed or have an attorney do it?

Which deed do I use? Quitclaim Deed or Special Warranty Deed, or General Warranty Deed?

I want to get this done asap before she has time to change her mind...Thanks for all of your responses they have cleared a lot up for me...Mr Nice Guy

I would have an attorney handle it. Most likely the attorney will make it a quit claim deed.

 

[Bali Hai]

The ex said she would sign off on a deed, just prepare it and send it she would sign and have notorized...


My question is, do I myself prepare the deed or have an attorney do it?

Which deed do I use? Quitclaim Deed or Special Warranty Deed, or General Warranty Deed?

I want to get this done asap before she has time to change her mind...Thanks for all of your responses they have cleared a lot up for me...Mr Nice Guy

According to misto, this particular action is not in the order and you'll both be in contempt if you carry through with it.

 

[mistoffolees]

According to misto, this particular action is not in the order and you'll both be in contempt if you carry through with it.

Bali, please stop making things up and pretending that your delusions have any contact with reality.