I signed a quit-claim deed in Ohio almost 3 years ago. My ex-husband refused to give me my divorce settlement check until I signed the deed. Now, three years later, he still refuses to refinance and get my name off of the house. I own my own home now and take care of two children and don't want the house on my credit. I've asked him several times to refinance. He says he won't, because it's not a money-saver for him and won't do anything unless I help him pay whatever it costs to refinance, which is out of the question. I know that he is doing this out of spite and won't ever refinance unless he's forced to. I want to get a lawyer and see if there is anything I can do. I am a single mom with 2 kids and I own a home already...I don't want his home on my credit too for the next 25 years. Please help!
2007-06-19 06:37:56 · 13 answers · asked by Vicki 1 in Family & Relationships ➔ Marriage & Divorce
You have no legal interest in the house, having signed a quit claim deed. A quit claim deed says that you give up any and all claims to ownership of the house.
You also signed a mortgage that said you would pay the loan (when you bought the house). Did your divorce decree list the house? Did it say that he was to get the house, and pay you a sum of money? Was the mortgage on the house even listed in the divorce papers?
If the divorce order gave him the house, and was silent on the mortgage issue, he is not required to refinance. You could try to contact the mortgage company yourself (your name is still on the loan) to see if the payments are current, and if they would be willing to release you from the loan obligation. Most likely they will not, because there is no advantage to them in doing so!
If the final divorce decree says that he is to remove your name form the house and mortgage, you can ask the court to enforce that clause!
It sounds to me like you got some bad advice during your divorce. If you wanted your name off the house, and mortgage, you should have had that in the paperwork.
Unless it is in the divorce decree, or the lender will release you from the loan, your best bet if you want to get out of the loan is to pay his refinancing costs!!
2007-06-20 07:56:11 · answer #1 · answered by fire4511 7 · 1⤊ 0⤋
Well, a quit claim deed takes you out of the picture when it comes to the title or for ownership. The problem is, it does nothing to the actual mortage. If he stopped paying it, the hit would be on you also.
To start, I would contact the mortage company and explain that you have signed a Quit claim and are requesting that the mortage be reconfigured under just your ex-husand's name. Many mortage companies will not do this, but some have been known to workk with divorced couples because they do not want a default on the payments. If it doesn't work, however... you don't have a choice, and you have to contact a lawyer and sue to get your name removed from the mortage.
Good luck!
2007-06-19 07:14:47 · answer #2 · answered by supergirlandguy 1 · 0⤊ 0⤋
Did the divorce decree require him to refi in his name only when the quit claim was done? IF so, then you need to go back to the court where the divorce was finalized and have him brought back before them for contempt and have them order his refinance as orignally agreed on.
Otherwise, talk to a laywer.
People: a quit claim deed takes her out of title/ownership; the mortgage, however is still her responsibility.
2007-06-19 06:41:33 · answer #3 · answered by wizjp 7 · 1⤊ 0⤋
I'm so sorry.. The same thing happened to my father. My dad signed quick/quit claim deed thinking his name would be off of the mortgage and that's not the case...
She ended up losing the house and it's all on his credit!! I hope you find a good lawyer that can make him sell it!!! My dad tried and wasn't successful!
2007-06-19 06:43:52 · answer #4 · answered by Heather 4 · 0⤊ 0⤋
yes you can take him back to divorce court explain the situation and get a ruling on who owns the the house and who owes who $$$.
I'm not sure why you signed the deed in the 1st place, if he wasn't giving you the settlement check you should of taken him to court then.
2007-06-19 06:41:36 · answer #5 · answered by m d 5 · 1⤊ 2⤋
Get a lawyer. That house is yours too and you don't want it. A court can make him sell and give you half. Fight fire with fire. If he doesn't want to lose the house all together, he'll refinance and take you off of the loan. Good luck.
2007-06-19 06:42:54 · answer #6 · answered by Anonymous · 1⤊ 3⤋
I don't know about Ohio, but in Texas, you have no part of the property. You QCdeeded to him, so you have dissolved the interest in the property to him. The Title Company should be able to see that.
As far as sueing him to refi, no I do not think that you can.
2007-06-19 06:42:37 · answer #7 · answered by Oberon 6 · 0⤊ 3⤋
Yep. Time to call an attorney. Good luck!
2007-06-19 06:40:35 · answer #8 · answered by Mr. Taco 7 · 2⤊ 0⤋
Go to a lawyer i am sure there is something u can do. i did the same but with a car
2007-06-19 06:41:23 · answer #9 · answered by Cecilia 3 · 2⤊ 2⤋
You really need a lawyer.
2007-06-19 06:40:56 · answer #10 · answered by mamabear 6 · 2⤊ 0⤋