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My husband was very abusive and terroized me to sign for him to buy a home, too expensive

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Joined: 25 Mar 2009

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Post Posted: Wed Mar 25, 2009 9:03 pm    Post subject: My husband was very abusive and terroized me to sign for him
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I did not get put on the note, but in Florida, with the marital laws, etc., if you are married and a spouse buys property the other has to sign in several places. I was NOT on the note, wasn't even working at the time, didn't want to buy such an expensive house, now he is upside down in it. He was very abusive and bought all kinds of crap, boat,cars, etc. and I am on the deed. I am working agian, little girl was born with GERD and I had to stay at home for three years, always worked before, but I had put down money on a home to buy, one i can afford on my own, less than one thousand dollars so me and the kids could get away from him. He wanted to take the kids tuition money, montessori school very cheaply priced, great school and buy a boat. He was terrible to us. Now the tax bill is coming in my name, even though the mortgage is not, he didn't add it to the payments, and I just paid for the home owner's insurance in November. I shouldn't have to do this. This is wrong. I don't want this stupid giant and pretentious house. I just want my own home, reasonably priced, less than one thousand a month, and the bank is asking my lawyer to draft a letter saying the mortgage co and the taxes, home owner's insurance will not be put on my head so I can buy the house? Will a quit claim deed require his signature, he is dangerous. Also, can my lawyer say that since I am not on the note, was cohersed with terroist tactics, (I do have a domestic violence injunction against him that was temporarily approved and the hearing is the seventh of April) Will a quitclaim deed make sure I am not liable for this mess he put me in? I had no idea Florida laws were so dumb.
If he was dumb enough to buy a home he couldn't afford and now has taxes due he can't afford, 5k, then why are they in both our names? I didn't know what I was signing at the time I just wanted to make sure I was not on the note. What can I do, quit claim deed or warranty deed and does this require his signature. I only want him to pay the expected child support and leave us alone since he is so abusive. I have a good job and can pay for the kids school, with a normal house payment. Any advice would be helpful.
Icon Mini Profile jenkin7
jenkin7




Joined: 04 Jun 2007

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Location: Hawaii
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Post Posted: Wed Mar 25, 2009 10:42 pm    Post subject:
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Hi email,

I do understand how difficult the situation is for you and how desperately you want to get out of it.

As you are not on the note, you are not liable for the loan. You are not legally bound to make the payments and this is not going to hurt your credit score. As far as the title to the property is concerned, if you are listed on it you can sign a quitclaim deed or a warranty deed and give up your interst in it. Generally, the grantee is not required to sign on the deed. However, some states do need the grantee to sign the deed. You need to check your state laws or check with the county recorders office to know that.
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