My husband & I have been legally seperated for 6 years. He is buying a house and wants me to sign a Quit Deed. Wouldn't finalizing the divorce be better?
2007-07-24 12:46:52 · 12 answers · asked by kimberella90742 1 in Business & Finance ➔ Renting & Real Estate
By you signing the quit claim deed indicates you want no part of the house he is presently buying. This is done in some cases even if a couple is still together for a variety of reasons.
You are probably residing in a community property state such as California, which says that half of what own belongs to him and half of what he owns belongs to you.
Your failure to sign this document could prevent him from purchasing this property. This is the only legal way he can purchase the property.
I hope this has been of some use to you, good luck.
"FIGHT ON"
2007-07-24 12:54:50 · answer #1 · answered by loanmasterone 7 · 3⤊ 1⤋
Don't sign the quit claim deed. Get the divorce finalized and in that process this property will be awarded or the proceeds of its sale will be divided according to the divorce agreement. If you sign the deed before the fact you are giving up all rights to the property.
2007-07-24 19:58:03 · answer #2 · answered by Othniel 6 · 3⤊ 1⤋
Yes. However, you'll have to sign a Quit Claim Deed per the Divorce Decree later anyway.
2007-07-24 20:01:56 · answer #3 · answered by ? 4 · 2⤊ 0⤋
I think I know what your husband is doing, and this is usually one of the only things that divorcing spouses agree on.
I am assuming he is purchasing a home that he will live in, when your divorce is final?
If he is, then you two live in a martial interest state, and by law, your name must go on the title of any property he purchases....he wants your signature in order to remove your name from the new property to his name only because the attorney will initially record it with both of your names.
Your signature is not needed in order for him to purchase the property in both of your names...it takes one to buy, and two to sell, with regards to married couples. That is because your name would be going on the title and not the mortgage.
If you know for an absolute fact that he isn't using money that hasn't been divided yet by the court, and it is coming from his sole earnings, then I would go ahead and sign it, because a judge is going to order you to anyway when you divorce....purchases made during a legal separation are not marital property, and you are not entitled to it anyway.
If you call your attorney, he will tell you the same thing. However, if you are not sure of where the money is coming from, then I wouldn't sign it, because he could be using the residence to sock money away....however, you can always request his financial records for that transaction when you divorce to be sure.
Either way, it's up to you...but this is a very common thing.
2007-07-24 20:29:15 · answer #4 · answered by Expert8675309 7 · 2⤊ 0⤋
Tell him you will sign the divorce papers and that's all. What he is probably trying to get you to sign is papers that states that you will not try to take the new house or anything else from him. If you have separated that long he should have already tried to make some type of settlement with you. Go see your lawyer and tell him what is going on.
2007-07-24 20:11:32 · answer #5 · answered by insane one 6 · 2⤊ 1⤋
Nope, consult an attorney before you sign anything You may entitled to some of the equity in the residence. Finalize the divorce and include the division of the property.
2007-07-24 20:02:52 · answer #6 · answered by Etta P 4 · 3⤊ 1⤋
Remember, possession is 9/10ths of the law. If you give up the deed to him, it will make it that much harder to be recompensed for your portion of the profits from the sale. You can use that as a carrot to ensure the divorce is finalized.
2007-07-24 19:53:10 · answer #7 · answered by Christopher B 6 · 2⤊ 1⤋
Although legally separated you might have, depending on the state, Community property interests, therefore I would consider the finalization of your divorce to do this properly and any granting of your interests can take place in the marital property settlement agreement to be approved by the court.
Good luck
2007-07-24 19:52:26 · answer #8 · answered by newmexicorealestateforms 6 · 2⤊ 1⤋
Dont sign it. Make sure you are getting your rightful part of the property! You also simply need to move on, I would insist on a finalized divorce before I signed.
2007-07-24 19:50:25 · answer #9 · answered by Landlord 7 · 2⤊ 1⤋
Never sign a quitclaim without legal advise!
Why would you want to give up your one half of the house?
He is trying to cheat you out of money.
sell the house or buy each other. out
2007-07-24 19:51:44 · answer #10 · answered by charlotte q 2 · 2⤊ 1⤋