I couldn't be there to sign the papers and because of the end of the escrow, papers works have to be signed, so they send me the QC doc to sign. In case of divorce, do I have any rights on the house?
2007-02-13 09:31:39 · 17 answers · asked by Raposo D 1 in Family & Relationships ➔ Marriage & Divorce
Can someone tell me where should I go to ask for my name to be added on the title?
2007-02-13 10:03:16 · update #1
contact an attorney and see what they say. You can always be added if not.
2007-02-13 09:33:47 · answer #1 · answered by Anonymous · 0⤊ 0⤋
There are holes in the logic.
The quitclaim doc, like a similar one in California, is for one spouse to agree to transfer the asset to the other. If you are overseas, you have to sign it in front of an officer at the US Consulate (assuming this is a property in the US) in order for it to be valid and file with the county. That would have been the same requirement as the escrow paperwork.
Say somehow you have signed it, the sticky part is if the mortgage is paid out of common accounts (and both contribute their earnings to the common accounts), then it is called comingling of funds. The downpayment might also have come from common funds. This gives you grounds to claim a good portion of the property in case of divorce. I should add that it is a common item of dispute and the lawyers love it because it takes a lot of time to prove this and that and there goes a lot of money.
Because you are only early into this, you can insist the removal of the document, or refuse to help pay for it and ask for your portion of the downpayment back and so forth.
2007-02-13 09:45:56 · answer #2 · answered by Sir Richard 5 · 1⤊ 0⤋
I'm not sure why you would have had to sign a QC unless it was to release for the sale of the old house... if it was to take you off the new house, something is up... contact an attorney.
If you were out of the country as active military, contact your CO also... Heads will roll if they tried anything on you. There are special laws governing it.
2007-02-13 09:45:18 · answer #3 · answered by Anonymous · 0⤊ 0⤋
What was the quitclaim for? To get your name or his name off of the house? If your name is off of the house, and he can do whatever he wants without your consent. Definitely contact an attorney!!!
2007-02-13 09:39:08 · answer #4 · answered by I do 26.2 4 · 1⤊ 0⤋
oh crap, no you need to have your name put back on the title, after the docs and escrow is complete, this is the mistake I made. I didn't know what I signed and he cheated on me, kicked me and my kids out, and took our home. You will have no rights if you sign that paper. Fix it now before its too late
2007-02-13 09:35:23 · answer #5 · answered by Cute Stuff 3 · 1⤊ 1⤋
Most states these days are community property states. So, any property, assets, and debt accumulated during the marriage will be community property. So, yes, if you split up, you will be entitled to 1/2 the equity in the home.
2007-02-13 09:37:03 · answer #6 · answered by ? 5 · 0⤊ 0⤋
Is your name on any of the documents? If not then that answers your questions. If you're home now or will be in the near future I would suggest you go and have your name put on the papers.
2007-02-13 09:38:06 · answer #7 · answered by essencepleasure 2 · 0⤊ 0⤋
Go to the Hall of records in the county you reside Take the quick claim deed and have it recorded.Probally a small fee
2007-02-19 03:33:11 · answer #8 · answered by Anonymous · 0⤊ 0⤋
you will possibly have rights to the fairness interior the abode whether you gave up possession rights. in case you reside in a state that follows community factors rules, the Quitclaim deed in basic terms gave up possession. If the home is mortgaged, you earnings an fairness pastime interior the fee of the abode each month you and your husband make a private loan charge. the money the two one in all you earn is community factors. whether you do no longer artwork, his earnings is considered a million/2 yours. you will no longer have the potential to declare the abode, yet you could rigidity him to pay you a million/2 of the greater suitable fee of the abode when you got it.
2016-12-17 09:18:07 · answer #9 · answered by mundell 4 · 0⤊ 0⤋
A QCD gives away your rights and/or interests. You should talk to an attorney whereever you are. Every state is different as to marital property.
2007-02-13 09:38:58 · answer #10 · answered by K2 1 · 1⤊ 0⤋
No, you technically have no rights to the house. Your husband should have signed for you as attorney-in-fact.
2007-02-13 09:55:52 · answer #11 · answered by Anonymous · 0⤊ 0⤋