House Question

[isaiah4318]

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

I realize this could be a complicated issue but I would like to know if there is ever any precedence for a judge ruling a house to be sold and split after a first party signs a quit claim deed and the second party refinances with out the first party on the mortgage (during separation).

The current status is a separation (not legal) before divorce. There was very little equity in the house when the first party left. But , the re-financing officer said that a wife (first party) still has dowry rights in a case like this (as if the "quit claim" is of no effect for property rights purposes).

 

[LdiJ]

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

I realize this could be a complicated issue but I would like to know if there is ever any precedence for a judge ruling a house to be sold and split after a first party signs a quit claim deed and the second party refinances with out the first party on the mortgage (during separation).

The current status is a separation (not legal) before divorce. There was very little equity in the house when the first party left. But , the re-financing officer said that a wife (first party) still has dowry rights in a case like this (as if the "quit claim" is of no effect for property rights purposes).

If there was little equity in the home, and the quit claim and refinance have already been done...then there is almost no chance that a judge would order that she was entitled to any equity...and the judge absolutely could NOT order you to sell the home when its soley in your name. In that case the judge would only have the authority to order you to pay her a share of the equity.