Missouri - Quit claim and ex remarried

[tscan]

Property, divorce, ex and I are all in Missouri.

Divorce 4 years ago and ex remarried. Divorce order details I stay in the house (no remaining mortgage) with the kids until they all graduate, then house is sold and we split proceeds. He remarried and I'm told they had a prenup but I don't currently know the details; it was supposed to ensure the kids got his half of the house proceeds should he die before it sold. Now he is strapped for cash, so we are looking at filing a quit claim deed with a separate contract between us that I pay him monthly until he is paid his half of the house proceeds. Looking at examples of quit claims, they all detail the marital status of the grantor. Does his current wife need to sign the quit claim as well, even though her name is not on the title (his and mine are listed as grantees on the Deed of lien Release)?

 

[adjusterjack]

Does his current wife need to sign the quit claim as well,

Probably not. But you would be wise to confirm that with a lawyer.

 

[LdiJ]

Property, divorce, ex and I are all in Missouri.

Divorce 4 years ago and ex remarried. Divorce order details I stay in the house (no remaining mortgage) with the kids until they all graduate, then house is sold and we split proceeds. He remarried and I'm told they had a prenup but I don't currently know the details; it was supposed to ensure the kids got his half of the house proceeds should he die before it sold. Now he is strapped for cash, so we are looking at filing a quit claim deed with a separate contract between us that I pay him monthly until he is paid his half of the house proceeds. Looking at examples of quit claims, they all detail the marital status of the grantor. Does his current wife need to sign the quit claim as well, even though her name is not on the title (his and mine are listed as grantees on the Deed of lien Release)?

I don't think that a quit claim is necessarily the right way to go in this instance. If I understand you correctly you want to buy him out if his half of the house. If its possible for you to refinance any remaining mortgage including paying him his fair share of the equity in the home now, that would be the better way to go. If that is not realistically possible, then a contract for sale, making him the mortgage company for his share of the equity, would likely be better than a quit claim.

Get a consult with a local real estate attorney.

 

[tscan]

Probably not. But you would be wise to confirm that with a lawyer.

Thanks, I have contacted the lawyer who helped us with the divorce and she'll get back to us after looking at the judgement.

 

[LdiJ]

Thanks, I have contacted the lawyer who helped us with the divorce and she'll get back to us after looking at the judgement.

Just keep in mind that she is not a real estate attorney and may not be the best resource for your question.

 

[tscan]

I don't think that a quit claim is necessarily the right way to go in this instance. If I understand you correctly you want to buy him out if his half of the house. If its possible for you to refinance any remaining mortgage including paying him his fair share of the equity in the home now, that would be the better way to go. If that is not realistically possible, then a contract for sale, making him the mortgage company for his share of the equity, would likely be better than a quit claim.

Get a consult with a local real estate attorney.

 

[tscan]

Thanks LdiJ.

The goal is to relieve him from chid support (I get the impression he's overspent) while simultaneously buying his half over the next few years without the costs of refi and interest.

Divorce lawyer is looking at the judgement to see what can be done and I presume direct me to a RE lawyer if she doesn't handle RE

Contract for sale sounds like a good alternative. I'll mention that to her.

 

[LdiJ]

Thanks LdiJ.

The goal is to relieve him from chid support (I get the impression he's overspent) while simultaneously buying his half over the next few years without the costs of refi and interest.

Divorce lawyer is looking at the judgement to see what can be done and I presume direct me to a RE lawyer if she doesn't handle RE

Contract for sale sounds like a good alternative. I'll mention that to her.

Ok, well that is an entirely different story...and a tough one if part of the deal is relieving him from child support. There is no guarantee that the courts will even allow that. The courts may suspend child support but most state laws would not allow it to be completely deleted. State courts want to make sure that children with two legal parents are not ending up on welfare benefits.

You need a consult with both your divorce attorney AND a real estate attorney.

 

[tscan]

Ok, well that is an entirely different story...and a tough one if part of the deal is relieving him from child support. There is no guarantee that the courts will even allow that. The courts may suspend child support but most state laws would not allow it to be completely deleted. State courts want to make sure that children with two legal parents are not ending up on welfare benefits.

You need a consult with both your divorce attorney AND a real estate attorney.

Okay! Thanks again.

 

[ajkroy]

Would the courts allow him to "pay" support by deducting from his portion of the equity monthly/quarterly/annually if the children do not end up on welfare?

 

[LdiJ]

Would the courts allow him to "pay" support by deducting from his portion of the equity monthly/quarterly/annually if the children do not end up on welfare?

If the children never end up on welfare yes, its quite possible that a judge might allow his child support to be a deduction from his equity in the home, which is what i meant by "suspension".

The problem is that it is not something that can be a guaranteed agreement.

Lets say that somehow they get a judge to agree that he is permanently released from child support if he quit claims the house to his ex.

Then, 5 years down the road the mother ends up on welfare for a reason that could not have been predicted 5 years previously. He is going to get put back on child support, despite the previous agreement.

 

[tscan]

If the children never end up on welfare yes, its quite possible that a judge might allow his child support to be a deduction from his equity in the home, which is what i meant by "suspension".

The problem is that it is not something that can be a guaranteed agreement.

Lets say that somehow they get a judge to agree that he is permanently released from child support if he quit claims the house to his ex.

Then, 5 years down the road the mother ends up on welfare for a reason that could not have been predicted 5 years previously. He is going to get put back on child support, despite the previous agreement.

Good points to consider, thanks.

 

[TigerD]

In Missouri a parent who is owed child support can sign an affidavit of forgiveness and file it with the circuit clerk. The problem the OP has is that they are conflating issues. The other party owes her money. They jointly own a piece of real estate.

A quitclaim would be the correct way to transfer one party's ownership to a co-owner. However, I see nothing but trouble from the discussed contract for payment with a portion of the paying child support that is due. First, is his child support is reduced, what are you going to do? If he is subject to withholding from the FSE as trustee, your plan will cost him his driver's license and could result in criminal charges for nonsupport.

It is half a house, you could purchase it from him and he can deposit the money to use to pay his child support. That would probably be the cleanest way to do this. But you need to use lawyers. <-- plural intended.

TD

 

[LdiJ]

In Missouri a parent who is owed child support can sign an affidavit of forgiveness and file it with the circuit clerk. The problem the OP has is that they are conflating issues. The other party owes her money. They jointly own a piece of real estate.

A quitclaim would be the correct way to transfer one party's ownership to a co-owner. However, I see nothing but trouble from the discussed contract for payment with a portion of the paying child support that is due. First, is his child support is reduced, what are you going to do? If he is subject to withholding from the FSE as trustee, your plan will cost him his driver's license and could result in criminal charges for nonsupport.

It is half a house, you could purchase it from him and he can deposit the money to use to pay his child support. That would probably be the cleanest way to do this. But you need to use lawyers. <-- plural intended.

TD

That is actually a very clever idea.

 

[tscan]

It is half a house, you could purchase it from him and he can deposit the money to use to pay his child support. That would probably be the cleanest way to do this. But you need to use lawyers. <-- plural intended.

TD

Very sensible points. FSE has never been involved, ex and I work out what is owed monthly depending on what expenses for the kids have come up and there have been no problems. Child support will continue for a max of six more years and we live pretty frugally (but well enough ) Unless there's a global collapse, the kids will not be on welfare.

Still awaiting lawyer advice but I do still like the sale option and we can dictate the terms to both our satisfaction