Quit claim deed

[renee4960]

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

My ex husband and I did all of the divorce paperwork ourselves, which was final as of November of 2013. In the paperwork, it states that I currently reside in the home and pay everything (bills) for the home. It also states I'll be keeping the home. The loan for our home is only in my ex husband's name. The deed, however, has both of our names on it. As it turns out, I don't even want to be in that home. I just want out of it. I want to start over somewhere new. Can I do a quit claim deed and just give my ex husband the rights to the property dispite what the divorce paperwork said? Also, what if he tries to say he doesn't want the home and I have to deal with it? I don't think the house will sell for more than he owes on the loan; will I be responsible for the amount left over because of what is on the divorce paperwork? Or does he have to pay it because the loan is in his name? Thank you so much for your time.

Renee`

 

[Ohiogal]

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

My ex husband and I did all of the divorce paperwork ourselves, which was final as of November of 2013. In the paperwork, it states that I currently reside in the home and pay everything (bills) for the home. It also states I'll be keeping the home. The loan for our home is only in my ex husband's name. The deed, however, has both of our names on it. As it turns out, I don't even want to be in that home. I just want out of it. I want to start over somewhere new. Can I do a quit claim deed and just give my ex husband the rights to the property dispite what the divorce paperwork said? Also, what if he tries to say he doesn't want the home and I have to deal with it? I don't think the house will sell for more than he owes on the loan; will I be responsible for the amount left over because of what is on the divorce paperwork? Or does he have to pay it because the loan is in his name? Thank you so much for your time.

Renee`

You would be responsible for it by way of the divorce decree. The bank will still hold him responsible. He however could file a motion to show cause against you and if you quit paying on the house, most likely you would be found to be in contempt of the court order. You have to deal with the house because you wanted it. You should refinance the house out of your ex-husband's name. The other thing is if you harm his credit, he can attempt to sue you for that.

 

[single317dad]

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

My ex husband and I did all of the divorce paperwork ourselves, which was final as of November of 2013. In the paperwork, it states that I currently reside in the home and pay everything (bills) for the home. It also states I'll be keeping the home. The loan for our home is only in my ex husband's name. The deed, however, has both of our names on it. As it turns out, I don't even want to be in that home. I just want out of it. I want to start over somewhere new. Can I do a quit claim deed and just give my ex husband the rights to the property dispite what the divorce paperwork said? Also, what if he tries to say he doesn't want the home and I have to deal with it? I don't think the house will sell for more than he owes on the loan; will I be responsible for the amount left over because of what is on the divorce paperwork? Or does he have to pay it because the loan is in his name? Thank you so much for your time.

Renee`

Assuming he agrees to take over the home, you should amend your divorce decree to reflect that your ex-husband will now have possession of the home and absolve you of responsibility. At that same time, you should sign a quit claim deed. I wouldn't hold my breath on that, because if the home is underwater (mortgage amount is greater than home value), then in the division of property the home was likely listed as a liability and you received some other consideration for taking on that liability. What are you prepared to offer him in exchange for taking full responsibility for the debt?

If he does not agree, then your options are to stay in the home and pay as agreed, or sell the home and cover the shortage at closing. Failing that, you'll be in violation of the court order and could be held in contempt.

 

[Bali Hai]

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

My ex husband and I did all of the divorce paperwork ourselves, which was final as of November of 2013. In the paperwork, it states that I currently reside in the home and pay everything (bills) for the home. It also states I'll be keeping the home. The loan for our home is only in my ex husband's name. The deed, however, has both of our names on it. As it turns out, I don't even want to be in that home. I just want out of it. I want to start over somewhere new.

Because you are whimsical doesn't mean he has to deal with the fallout from that.

Can I do a quit claim deed and just give my ex husband the rights to the property dispite what the divorce paperwork said?

It would be great if you could do that, but no, you are just as bound to the divorce decree as he is.

Also, what if he tries to say he doesn't want the home and I have to deal with it?

What do you mean if he "tries" to say he doesn't want the home? He can say no period and yes you will have to deal with it.

I don't think the house will sell for more than he owes on the loan; will I be responsible for the amount left over because of what is on the divorce paperwork? Or does he have to pay it because the loan is in his name? Thank you so much for your time.

Renee`

It would be nice if you could just dump your problem on him after the divorce (along with any other garbage you have) and he would have to take it, but no, that's not going to happen.