My Lawyer says to do a quick deed claim, but what if he does not agree?
2006-11-07 10:43:11 · 12 answers · asked by shari12065 1 in Family & Relationships ➔ Marriage & Divorce
you a woman find away
don't fight over other things let him have what ever he wants
just get your house
2006-11-07 10:46:38 · answer #1 · answered by waiting for baby 6 · 0⤊ 0⤋
If it has his name on it then it is 1/2 his. The only way to get him off is to do a quick claim deed and register it at the courthouse. A quick claim can be used for your husband to give up his half with no further strings attached...but he has to sign and agree to that and it has to be registered. Check that with your lawyer and your courthouse. I am sure if he is smart at all or if he has a lawyer...he will not sign a quick claim as that is signing away his half with the stroke of a pen. The best thing to do is talk to him and tell him why you want to do this...that it was Your family that willed it to you. Maybe he will see that. Also it might help if you are fair to him on some things that he has aquired himself. Good luck.
2006-11-07 18:55:39 · answer #2 · answered by sugarbud 3 · 0⤊ 0⤋
Nope no quit claim deeds. If your husband's name is on the deed of the house then he has to sign off on it for you to own it yourself. You need a Warranty Deed in your name and do not settle for anything less. You Lawyer sounds like he does not know much.
You need to resolve the issue of the house with the divorce or the lawyer can charge you more later for trying to resolve the problem with the deed to the house.
If you have a quit claim deed no one will buy the house if you want to sell it in the future and the title will not be clear. They will have to track your husband down and get him to sign off on the house and he will probably want a share of the profits.
2006-11-07 18:47:41 · answer #3 · answered by Anonymous · 0⤊ 1⤋
Initially, inheritance such as a house is not part of community property. However, if you added your husband to the deed, then it is half his. Good luck with a quick deed claim. If your husband is smart, he wont go for it.
2006-11-07 18:46:05 · answer #4 · answered by kari w 3 · 0⤊ 0⤋
Wow , if you think he won't sign it , then plan (B) get some cash together and a notary and offer him a one time deal or you will make it so hard in Court , with appeals and attorney's fees that he will never get anything , just short of burning it to the ground , invite him to dinner and buy him some wine and bring mutual friend that can see the sense in the deal , that can say : I think you should go for the easy way , just make sure you have all your cards in place , and make it temping
2006-11-07 19:01:26 · answer #5 · answered by Anonymous · 0⤊ 0⤋
I don't know what state you live in,but in the state of North Carolina,whatever a married couple acquires during their marriage [inheritance/property] then it is half his and half hers when they divorce,no matter who's name it is in.
However,what he or she had before the marriage,belongs to them...At least that is the law in N.C. I know,hubby inherited a large amount of real estate from a relative and our lawyer told us this.
2006-11-07 19:01:26 · answer #6 · answered by ladybug 4 · 0⤊ 0⤋
He sure does!!!! You are going to have to grant him his share. Ask him to deed his share to you only. And more then likely if he is vindictive he will make you buy him out.....
2006-11-07 19:11:06 · answer #7 · answered by WENDY G 6 · 0⤊ 0⤋
Once your divorced all bets are off. Do what you're lawyer suggests, tha's what you pay him/her for.
2006-11-07 18:45:59 · answer #8 · answered by ? 2 · 0⤊ 0⤋
Well if his name is on it and it was aquired during the marriage then in most states its half his!!
2006-11-07 18:45:28 · answer #9 · answered by one_redneckmom 4 · 0⤊ 0⤋
YEs its his u have NNNOOO rite to that house get a life!
2006-11-07 18:56:46 · answer #10 · answered by nniiccoollee 2 · 0⤊ 1⤋