My boyrfriend and I are scheduled to close escrow on a condo in two weeks. During the course of events, we find out that his ex-wife never filed the divorce papers he signed two years ago. Now the title company is requiring us to get her to sign a quit claim in order to close escrow, but she is refusing to sign! What do we do? I do not qualify for the loan by myself, so we have to purchase the property jointly. Divorce papers have officially been filed as of three weeks ago, so I don't think the property (if it even does go through) is her responsibility anyway, should something bad happen like we default on the loan. My boyfriend has consulted with a lawyer and I have an appointment to meet with one on my own. Does anyone have any advice or gone through this before?
2007-12-17 09:04:22 · 2 answers · asked by Desparation805 1 in Family & Relationships ➔ Marriage & Divorce
Clarification: the ex had/has not been involved with the purchase of the new property. Only my name and his name appear on the loan and title applications. We only found out that they were not legally divorced through a mistake by the title company: they accidentally mailed paperwork to their old address (which was on his deposit check)! So, her name isn't even on the title of the house.
2007-12-17 09:25:42 · update #1
It was joint property,so the court could require them to sell and split the proceeds, I think. I am not a lawyer, but my husband had his ex sign the quit claim as soon as they separated. In NC, you have to separate a year before divorcing. This could be messy, and you may end up having to postpone your closing. Hope you get the answers you want.
2007-12-17 09:18:58 · answer #1 · answered by SWEETYPI 4 · 0⤊ 0⤋
the only thing a quick claim deed does it take her of the title and does not relieve her from owing the bank so that is usually the hesitation.
2007-12-17 09:22:02 · answer #2 · answered by Slick 5 · 0⤊ 0⤋