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Assent to execution of deeds

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el_esm

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

The house was purchased when we were married (the loan is under my husband's name ONLY) , in a month we signed Assent to Execution of Deeds below (where I am listed as wife and Grantor) :

"...I ___, Grantor of the Conty of St. Louis, State of Missouri, the wife of ___ of the County of St. Louis, state of Missouri do hereby express assent to the conveyance by deed of the real estate as hereinafter described, made by my husband, _____ and acknowledge and state that any such conveyance is not to be deemed to be in fraud of my marital rights.
This instrument is executed so that ____, Grantee, my husband, may execute and deliver conveyances of the following described real estate without my joinder therein or without my express assent endorsed thereon, as required by the Missouri Probate Code of 1955, specifically Section 474.150 of the Revised State of Missouri. The real estate referred to herein is located in the Country of St Louis, Sate of Missouri, and is described as follows, to-wit..."

I am filing for Divorce; the house was purchased in "as is" condition and we made major renovations; now it worth more than is on the loan. Does this means it is all his and I get no interest of it once we divorce ?

Thank you very much for your time,What is the name of your state (only U.S. law)?
 


mistoffolees

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

The house was purchased when we were married (the loan is under my husband's name ONLY) , in a month we signed Assent to Execution of Deeds below (where I am listed as wife and Grantor) :

"...I ___, Grantor of the Conty of St. Louis, State of Missouri, the wife of ___ of the County of St. Louis, state of Missouri do hereby express assent to the conveyance by deed of the real estate as hereinafter described, made by my husband, _____ and acknowledge and state that any such conveyance is not to be deemed to be in fraud of my marital rights.
This instrument is executed so that ____, Grantee, my husband, may execute and deliver conveyances of the following described real estate without my joinder therein or without my express assent endorsed thereon, as required by the Missouri Probate Code of 1955, specifically Section 474.150 of the Revised State of Missouri. The real estate referred to herein is located in the Country of St Louis, Sate of Missouri, and is described as follows, to-wit..."

I am filing for Divorce; the house was purchased in "as is" condition and we made major renovations; now it worth more than is on the loan. Does this means it is all his and I get no interest of it once we divorce ?

Thank you very much for your time,What is the name of your state (only U.S. law)?
As I read it, it simply gives him the right to transfer the deed. It does NOT cause you to give up your right to any marital equity in the home. So you should still be entitled to 1/2 of the marital equity (if any) in the home.
 

el_esm

Junior Member
THank you very much for your respond! We did not have any downpayment, so it was a loan. Transfer deed means to sell it without my permision ?
 

LdiJ

Senior Member
THank you very much for your respond! We did not have any downpayment, so it was a loan. Transfer deed means to sell it without my permision ?
Yes, it means sell it (or otherwise transfer it to someone else) without your permission. Quite frankly, I would not sign such a document without getting it reviewed by an attorney.
 

mistoffolees

Senior Member
THank you very much for your respond! We did not have any downpayment, so it was a loan. Transfer deed means to sell it without my permision ?
Yes, it means he can sell it without permission. It does NOT mean that he can avoid giving you your fair share (whatever that might be). Again, that's the way I read it, but you should talk with an attorney to be sure.

NEVER sign a legal document unless you thoroughly understand it and all its consequences. The fact that you have to ask means that you should discuss it with an attorney before signing. The fact that it's a real estate transaction makes that even more important.
 

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