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My X got the house in the divorce but the mortgage and title are only in my name. I did not sign a quit claim at the time. The divorce agreement states that he gets the house and is responsible for paying the mortgage but it does not specify how the transfer needs to take place. I'm just concerned that if I sign it over to him and he does not make payments, or is late, he will destroy my credit, and even worse cause bankruptcy problems later which my other assets may be affected. If I give him the quIt claim, is there anything he can sign that protects me. I know he wants to sell it, who will be responsible for the taxes? I heard there is another form that should be signed at the same time, that stipulates any taxes or gains will be paid by the grantee. Thank you for your help.

gmakerley · Posted: Tue Jun 14, 2011 11:44 am Post subject:

Where were the lawyers in this case? Did either of you have a lawyer who could have explained the circumstances, the requirements and the outcomes that you could expect?

If you had a lawyer in the divorce, you ought to consult with that person and ask specifically what ought to take place and what protections are in place for you. Your former husband ought to be doing the same with his lawyer, if one exists.

I'm flabbergasted when I read these questions post-divorce; they should all have been resolved prior to the final granting of the divorce by the judge.

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