Divorce Decree

[1jr2ps]

What is the name of your state? MO

I am doing this myself, no children born of the marriage and uncontested, forms from the library, and have 3 weeks 4 days to go before I get the decree signed.

On the decree, I do not know what to do with this line because we do not have a separation agreement. She moved out over a year ago. I do have the property settlement agreement:

...The parties have specifically agreed that the Property Settlement Agreement is to be made a part of this Decree and, therefore, the Property Settlement Agreement is hereinafter set forth in detail:
(Insert an entire copy of the separation agreement here without signature lines)

And finally, can I have her sign the Quitclaim deed before I get the decree signed? I asked the recorder and she told me to ask my lawyer. I told her I do not HAVE a lawyer in this...

ThanksWhat is the name of your state?What is the name of your state?

 

[Ohiogal]

Why should she signt the quitclaim deed? Is she still on the mortgage?

 

[1jr2ps]

Yes

Why should she signt the quitclaim deed? Is she still on the mortgage?

She is. It is Missouri Law that she had to be when I refinanced. (I've owned this house solely 10 years prior to her)

But I cannot refinance and get her name off until she signs it.

I have the options of getting her to sign it now and not asking for it in the decree or ask for it in the decree and try and have her sign it later...

Am I wrong?

 

[LdiJ]

She is. It is Missouri Law that she had to be when I refinanced. (I've owned this house solely 10 years prior to her)

But I cannot refinance and get her name off until she signs it.

I have the options of getting her to sign it now and not asking for it in the decree or ask for it in the decree and try and have her sign it later...

Am I wrong?

Yes, in my opinion you are wrong. She should be signing the quit claim deed at the closing of your refinance. Therefore you have an option that you haven't even considered.

Refinance the danged loan now and have her sign the quit claim at closing. Problem solved and it protects both parties.

 

[1jr2ps]

Yes, in my opinion you are wrong. She should be signing the quit claim deed at the closing of your refinance. Therefore you have an option that you haven't even considered.

Refinance the danged loan now and have her sign the quit claim at closing. Problem solved and it protects both parties.

I will call my mortgage company and ask them the above. I understood them to say that since I am married, Missouri law says she is required to be on everything to do with the house even if her income is not being considered for the mortgage. They told me that. I never asked about a Quitclaim Deed's involvement at that time.

Thank you for the alternative. I will check it out Monday.

By the way, she does not want the house. She wants little to do with any of this. She signed the waiver because she doesn't even want to be served or go. There is nothing to dispute.

My problem is it takes weeks to months for her to get anything done. I don't want to die in the mean time and my kids, not her kids, do not get the house.

 

[LdiJ]

I will call my mortgage company and ask them the above. I understood them to say that since I am married, Missouri law says she is required to be on everything to do with the house even if her income is not being considered for the mortgage. They told me that. I never asked about a Quitclaim Deed's involvement at that time.

Thank you for the alternative. I will check it out Monday.

By the way, she does not want the house. She wants little to do with any of this. She signed the waiver because she doesn't even want to be served or go. There is nothing to dispute.

My problem is it takes weeks to months for her to get anything done. I don't want to die in the mean time and my kids, not her kids, do not get the house.

Make sure that you tell the mortgage company that you are divorcing and that this refi is part of the divorce process. I am sure that they will cooperate.

 

[1jr2ps]

Hmmm...

I still do not know what to do with entry 9 of MO-811D...

Believe it or not, everything else was unfortunately simple. That one question is stumping me.

Heck, after what I've seen, I don't even know if anyone will actually look at it.

 

[LdiJ]

I still do not know what to do with entry 9 of MO-811D...

Believe it or not, everything else was unfortunately simple. That one question is stumping me.

Heck, after what I've seen, I don't even know if anyone will actually look at it.

I have no idea what that is...sorry.

 

[1jr2ps]

Sorry

I have no idea what that is...sorry.

I was not referring to this website nor your generous information.

Thank you.

Good night.

 

[maple]

I live in MO and here is what happened in my case:

Note: I am still married -- divorce is in process.

I did not want the house, only my portion of the equity. STBX (soon to be ex) refinanced the house with me on the deed but NOT on the mortgage. I insisted on being on the deed so I would be sure to get my half of the equity. As soon as he handed me the check for my half of the equity, I signed a quit claim.

Note: At one point, an attorney told me that quit claim deeds signed while you are still married don't mean much. I have no idea why...maybe the signer could come back later and have it declared invalid for some reason?

Regardless of how simple you think your divorce is, hire an attorney. You don't seem to need much in terms of billable hours, and hiring an attorney is *money well spent*. There is simply too much to know about law and procedure to risk not using a professional.