It is in the divorce decree that she owes me money, but she said she needs this quit- deed signed first, In the decree it said she would refinance the house to pay me instead she got remarried in 3 weeks after the divorce and is selling the house. I dont have money to hire an atttorney again, does anyone out their know for sure what I should do to get my money, should I sign it ?
2007-10-25 04:33:50 · 10 answers · asked by be real 1 in Business & Finance ➔ Renting & Real Estate
I probably wouldn't sign it. A quitclaim deed means that a person releases or "quits" any claim that they may have had to property. It doesn't seem like she is too eager to pay the money that she owes you so I would proceed with caution. If you sign the deed and she sells the house, she still might stall and avoid paying you back.
You could always try to find some sort of inexpensive legal aid to try to figure this out but definitely DO NOT SIGN the deed - use the house as leverage to get her to settle the debt she owes you.
2007-10-25 04:41:34 · answer #1 · answered by Kate the Great 5 · 0⤊ 0⤋
If she didn't refinance when she said she would then what makes you think she'll give you the money once she sells it? Do not sign a quit claim you relinquish ALL your rights to the property. Instead, if she wants to sell let her, you will have to sign the contract and the closing documents, and the check will come with BOTH names on it, so she will not be able to cash the check without your signature. This way you still maintain control of the money and where it goes and the fact that you get some. Otherwise she could deposit the check and off she goes.
So she married 3 weeks after the divorce? I thought in most states you weren't permitted to marry until 30 days after the divorce being recorded?
2007-10-25 05:06:10 · answer #2 · answered by Weimaraner Mom 7 · 2⤊ 0⤋
No ! Don't sign anything just yet call any legalaid they should give u free advice u don't need 2 hire anyone I have a # that might help u 1(956) 447-4883 try 2 get a hold of someone in ur area if not just call a divorce lawyer and explain they will usually go off talking about what u need 2 do!!!
2007-10-25 04:39:58 · answer #3 · answered by BulletGirl 2 · 0⤊ 0⤋
You do not sign the quit claim deed until the day of closing AFTER you see the check made out in your name (and the check to pay off the joint mortgage).
Here is what she can do if you sign it first, file bankruptcy for her debt, quit paying the mortgage and lose your house to foreclosure. You would have no rights to the property (you signed them away) and 100% rights to the mortgage debt. Don't do it.
Just tell her that you are prepared to be present at close to collect your check, make sure the mortgage is properly satisfied and sign the quit claim deed.
You are not required to do it before hand, let her pay a lawyer to tell her she is screwed.
Good luck, divorce sucks....
2007-10-25 05:43:52 · answer #4 · answered by Gem 7 · 1⤊ 0⤋
Do NOT sign a quit claim deed to the property. In doing so, you relinquish any claim of ownership to said property. A much better way to go about this is to have her sell the house and then BOTH of you show up at closing to sign off on the documents and ownership. Of course, YOU don't sign unless the title company cuts you a check for the amount owed to you.
That's your 'ace in the hole'.
2007-10-25 04:39:09 · answer #5 · answered by acermill 7 · 3⤊ 0⤋
You absolutely have to get an attorney! She is in violation of the court order and therefore needs to be charged with "contempt of court"! She could actually spend some time in the county jail for this.... Sounds to me like she's got it coming! If you sign the Quit Claim, you will be giving up all rights to the property. It is exactly what it says. A Quit Claim!
2007-10-25 04:43:32 · answer #6 · answered by Anonymous · 0⤊ 0⤋
NO! If you sign a quit claim deed, you are giving her any interest you have in the property. Tell her that if she gets a buyer, you'll be glad to sign the necessary papers at closing assuming that your share of the proceeds is given to you then.
2007-10-25 05:30:24 · answer #7 · answered by Judy 7 · 1⤊ 0⤋
Do not sign, she will never pay you your money. Try Legal aid or take her to court yourself for being in contempt of the original decree.
If the judge is fed up with her you may end up with the house.
2007-10-25 05:57:08 · answer #8 · answered by Pantherempress 7 · 0⤊ 0⤋
NO! She either comes to a closing with your full payment or NO DEAL! Once you sign that she owns it and you have no rights to it on any capacity. If the home is to be sold then it should be done straight out and if it comes to closing and she isn't prepared to pay you in full sign nothing.
2007-10-25 04:42:24 · answer #9 · answered by Anonymous · 0⤊ 0⤋
acermill is correct,I did a quick claim deed with my husband and they told him once he signs it,I am under no obigation to give him anything, please think twice about this,you have to look after number 1 you!
2007-10-25 12:45:10 · answer #10 · answered by Anonymous · 0⤊ 0⤋