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'waive rights' form question

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nanademi

Member
What is the name of your state? Texas

1 spouse in Tx, the other in Ca. Legal separation filed, divorce pending. Need to 'exchange' a form that basically says each waives any/all rights, direct or implied, to the other's financial stuff (real estate included) that occurs/ begins after separation date. (the party in CA wants to buy a house & they have told her that he must sign a QCD.) I know you have to use a quit claim deed for real estate; what about other things - checking accounts, etc? Is there a standard form for the other stuff, or can we generate something?
 


nextwife

Senior Member
Why would anyone in their right mind sign a QC deed of their interest unless the current mortgage/debt is being refinanced so their name is off that debt? Because otherwise their credit is tied up, it continues to impact their borrowing power even though they no longer are an owner.

One is affected by the existance of this mortgage for the durartion of the loan, and liable in the event the other party defaults. A transfer of one's interest in any financed property should always be accompanied by their being released from the debt. Else they should keep their interest until that loan is removed by sale, payoff or refinance. People only agree to do this if they are clueless about the potential consequences and have no knowledge of how today's all-importannt "credit scores" are calculated.
 
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nanademi

Member
Thanks for the imput but you are misunderstanding the question....

The couple HAD a house, it has already been sold and the proceeds divided in accordance with the separation agreeement. The lady is living in CA, she is renting a house, the owner died, she has first option to buy it. Her real estate person wants the man (living in Tx) to sign something saying he has no interest, either direct or implied, in that house or any other she decides to buy, i.e. a QCD. The man also wants something in writing for each of them saying that each waives rights, direct or implied, to any 'new' financial stuff that either may generate; i.e. individual accounts beginning or created AFTER the date of legal (filed) separation. Is there a form for that?
 

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