He also said I signed it over to him in the divorce. Which I didnt. He wouldnt need a quit claim deed If I signed it over. Would he?
2007-01-05 01:25:52 · 7 answers · asked by misskittydawg 2 in Business & Finance ➔ Renting & Real Estate
If you want money then ask for it. As for the divorce settlement ask your attorney before you sign ANYTHING.
2007-01-05 01:27:32 · answer #1 · answered by Anonymous · 2⤊ 1⤋
Don't sign it until you are granted the funds due you from your share of the marital assets awarded you in your final divorce decree. While your divorce may stipulate you are entitled to 1/2 of the equity growth in the home from marriage till dissolution granting a quit claim can remove your leverage of receiving them. If he is sale pending on the property escrow will require your signature. Before signing there make sure your attorney has filed a lien for you on title. Until such time don't sign away your collateral, an appraisal can be done if the property is not sale pending. Your granted portion of the equity can then be made a lien on title so even should he refinance you must be paid by escrow. A lien on title can only protect you to a certain extent however so still you will not want to quit claim until you are paid in full with cash in hand. Your attorney will know this and should advise you the same. This happens often and sadly it adds yet one more bad memory to a hurtful ending. Often the party keeping the house refinances it to buy out the other party's interest. Should you quit claim your security in the property before getting your share, and then he loses it to foreclosure or sells it, you can lose also, especially if you don't have that lien recorded on title.
2007-01-05 04:22:20 · answer #2 · answered by Kevin H 4 · 0⤊ 0⤋
Your lawyer sold you down the river. This was probably malpractice. And the statute of limitations may have expired, though in some states, it will not begin to run until you are sued. You are 100% liable if you signed the mortgage note. Did the nimrods who represented you even get the ex to sign the deed to attest that he was assuming the mortgage? Probably not, which means that your remedies are as thin as they were when you were still married, that is, you are jointly and severally liable and you have no recourse against the ex. But you can certainly make the lawyers' day by telling them you want the name of their malpractice carriers, because you have a claim. And you might also want to have a chat with the bar authorities to consider whether your lawyer should have his/her ticket lifted for incompetence. Even a recent law school grad knows to get the non-resident spouse off the mortgage. One has to wonder if your ex passed some $$ to your lawyer under the table to sell you down the river. He's either incompetent to the point of being demented, or he's corrupt. Either way. he should not have a license to practice law.
2016-05-23 05:43:42 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Who gets the house and under what terms must have been spelled out in your divorce. Unless it says you get something, too bad for you.
Just sign it and get on with your life.
Realistically, if the divorce says he gets the house, and you don't get any money for it, he could just record the divorce decree and cut you out entirely. Most divorce decrees have enough language in them to cover these things without deeds. Deeds just make sure that every detail of your divorce doesn't have to show up in the county public records, which might be embarassing to some people.
2007-01-05 05:38:57 · answer #4 · answered by Anonymous · 0⤊ 1⤋
No he would not need you to sign anything if you had signed it over in the papers.....sounds like he is trying to pull a fast one on you.......don't you just love it when people think we are to naive to know what they are trying to do......
2007-01-05 01:28:52 · answer #5 · answered by ??whome 2 · 1⤊ 0⤋
You dont have to sign anything if you dont want to.
2007-01-05 01:33:09 · answer #6 · answered by Anonymous · 1⤊ 0⤋
Hold out for money.
2007-01-05 01:27:43 · answer #7 · answered by Anonymous · 1⤊ 0⤋