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my ex wants to keep the house and i want the car and some of the furniture so how do i go about getting a quit claims deed? or something saying that i give only to him and that i am no longer liable for the debt that it may iccur?

2007-05-18 12:34:33 · 5 answers · asked by ya girl 4 in Business & Finance Renting & Real Estate

ok...my name is not on the actual mortgage, just the deed. so should i keep my name on the deed or give it to my husband if so do i have to get a lawyer to do all of that? and how much does that usually cost?

2007-05-18 12:47:51 · update #1

thanks for all your help guys. another thing is if i keep my name on the deed it wont hurt me at all as long as my name is not on the loan right? if he sells i get half of the money, or debt right?

2007-05-18 12:50:46 · update #2

5 answers

WRONG WRONG WRONG---if the morgage is in both of your names---it will NOT be removed--- it will be their till the house is totally paid off. I guess you are a woman. If you remarry and decide to buy a house with your new hubby. That morgage will appear as debt and could possible make it impossible to buy that little cottage both of you love.

Forget the quit claim deed ---it serves no purpose -- you will NOT be excused from the lean holder. Something happens and he dies YOU own the house and can sell it with your signiture. only.

ABSOLUTELY DO NOT DO A QUIT CLAIM DEED.
IF HE SELLS THE HOUSE YOU GET HALF OF THE PROCEEDS OR MORE OR YOU WILL NOT SIGN THE SALES AGREEMENT HE CANNOT MAKE YOU.

IF HE SELLS THE HOUSE WITH OUT YOUR SIGNATURE HAVE HIM IMMEDIATELY ARRESTED FOR FORGERY.
AND GET THE HOUSE BACK.

HE IS A BIG FAT LIER IF HE TOLD YOU THAT COCK AND BULL STORY. ABOUT THE QUIT CLAIM

2007-05-18 12:58:03 · answer #1 · answered by Gerald 6 · 0 0

You should let this play out in the divorce court. What ever you want and what ever he want both of you keep.

The divorce decree will outline any financial responsibilities one would have to the mortgage payments or any of the other payments if there are others.

If you and your ex are in agreement the judge will take that into consideration and rule accordingly.

The financial responsibility is what you are seeking to leave with your ex.

By signing a quit claim deed giving the property to your ex does not relieve you of the financial responsibility for the monthly mortgage payment.

A judge can do that so tell him you are willing to conceded the home but you also want to have your ex be financially responsible for the monthly mortgage payment.

If the judge so orders then you will be required to sign a quit claim deed signing over your position to the property and further instruct that your ex has all the financial responsibility to the property.

Make sure you are awarded the items you want, so that you can legally pick them up and be on your way.

I hope this has been of some use to you, good luck.

"FIGHT ON"

2007-05-18 19:51:01 · answer #2 · answered by loanmasterone 7 · 0 0

Anybody can go to a business supply store and buy a generic quitclaim deed, and type in the legal description of the property, get it signed and notarized, and take it to the courthouse ad get it registered.

But that does not let you off the hook for the mortgage on the house. Nor does your taking the car let him off the hook for paying for the car note.

You need an attorney, and make sure you understand that either of you [and both of you] will still be liable for any unpaid debts of the marriage.

2007-05-18 19:45:44 · answer #3 · answered by elaine_classen 3 · 0 0

I have just answered another similar inquiry. The fact that he gives you a quit claim deed only removes any rights of ownership he has to the property. It does NOT change the terms of any mortgage you may jointly or singularly hold. That he quit claims it to you does not remove it as collateral under the terms of the mortgage.

Hence, if he quit claims the house to you and the divorce settlement decrees that he provide half of the mortgage payment to you, a default on payment on his part WILL be reason for the lender to foreclose the property.

2007-05-18 19:40:50 · answer #4 · answered by acermill 7 · 0 0

well ya-girl, its not that easy to get yourself removed from the debt as it is to get yourself off ownership.
Ownership is of record and in the county recorders office and formal removal of indebtedness to the bank/lender is a horse of a different color.
If your X has no credit, then the bank will not allow you to be removed, on the other hand, just hope all the payments are paid on time to protect ones credit.
whichever position your in, reverse the circumstances for your needs.
THE QUIT CLAIM DEED CAN BE PURCHASED AT ANY STATIONARY STORE OR HIGH DOLLAR DRUG STORE THAT SUPPLIES FORMS IN BULK.

2007-05-18 19:47:00 · answer #5 · answered by ticketoride04 5 · 0 0

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