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2007-02-09 06:42:45 · 6 answers · asked by HEARTBROKEN 1 in Family & Relationships Marriage & Divorce

This is my second house. The first house I purchased with money I saved from my 401(K) and my husband did not help much in any of the household bills including my daughter's private school. He signed quit deed on last house so equity from last house was used to purchase new house at which time I had him sign another quit deed for new house. He has not helped in paying mortgage again, he cheated on me and now wants half of the equity. Yes, I chose a winner and am losing big emotionally.

2007-02-09 07:06:58 · update #1

6 answers

They can if you default on the loan and they are still on that loan. They can take you to court to order that the house be sold and the proceeds be used to payoff the note.

2007-02-09 06:56:18 · answer #1 · answered by chad_zortman 4 · 0 0

The answer is not straightforward and lawyers have to battle it out. If the deed was signed a long time ago, ie, the house has accumulated much equity, the lawyers are motivated to fight about it. The important part is whether your wife has worked and the house mortgage/insurance/expenses have been paid out of your common bank account, ie, the so called comingling of funds. Depends on if the downpayment to the house came from you and you were not married at that time. If you were married, then that downpayment is common no matter what you claim.

If you are only recently married and the house had been primarily financed by you prior to the marriage, even comingling of funds doesn't amount to 1/2. The signing party of a "quit deed" can argue strongly about the comingling of fund and ask the court to give a portion of the property. It will hurt you because she can then force a sale for her portion or you buy her out at market price. The rest has to do with numbers and attorney costs.

2007-02-09 07:00:54 · answer #2 · answered by Sir Richard 5 · 0 0

Use an lawyer to do the place of work artwork, the move. not getting legal suggestion ought to value you. you opt on to get off identify AND loan. There are tax and resources implications that you're unaware of. . . . .not putting forward you opt on an contested divorce. keeping off anger and acrimony is highly counseled. yet in spite of in case you opt on to DIY, get suggestion before transferring into into any agreements. And in maximum states, you should use a QuitClaim Deed extremely than a Deed of present(not a present) or assure Deed.

2016-12-03 23:09:42 · answer #3 · answered by ? 4 · 0 0

signing a quit deed relinquishes a persons right to the property. that is reason a person signs one.if they dont want to loose their share of a property, then they would most certainly not want to sign one. ive had the experience on 2 occassions to have someone sign a quit deed on my property. it was binding in both situations.

2007-02-09 06:54:10 · answer #4 · answered by DEBI M 3 · 0 0

NO...a quit claim deed signed the house to you....

2007-02-09 06:45:57 · answer #5 · answered by abc 7 · 0 0

it depends on what state and if it was recorded

2007-02-09 06:48:22 · answer #6 · answered by sassy1011984 2 · 0 0

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