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QUIT CLAIM DEED

My boyfriend signed a [url=http://www.mortgagefit.com/quitclaim-deed.html]quit claim deed[/url] his ex-wife presented to him on the day of his divorce. Unfortunately, he signed it. He did not know the repercussions for doing that. He pays her quite a bit of money a month for the mortgage payments, HELOC, taxes, etc... My question is: Does the quit claim deed supersedes the divorce decree? It states in the divorce decree that when the house is to be sold immediately and that when the house is sold he will receive some money for the house. Does he still get that? Also, it was said that they are to "work together" in the selling of the house. He called to receive a copy of the contract his ex-wife signed with the realtor and a copy of the history of any offers, showings, etc... to see if she is trying hard to sell the house. Does he have any legal right to receive this information? Any advice?

blue's picture
blue | Joined: October 21, 2005 09:17 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Cpratt,

Welcome to Mortgagefit discussion board.

The divorce decree states that the house is to be sold off and your boyfriend is to receive a share out of the proceeds. It doesn't matter if he had signed a quit claim deed to transfer his interest. He will be getting his share after the house is sold.

How court has defined "work together"? It could mean that both will not work so as to negatively affect the sale process and will make concerned effort towards locating a buyer so that the house can be sold at the earliest.

[quote:673b987f97]He called to receive a copy of the contract his ex-wife signed with the realtor and a copy of the history of any offers, showings, etc... to see if she is trying hard to sell the house. Does he have any legal right to receive this information?[/quote:673b987f97]

It depends on how the divorce decree has been worded. Both have to co-operate in the best possible way and if she is not taking proper steps then it would be violation of the judgment. Your boyfriend can surely inquire about the initiative she has taken and if he finds that those are not enough then can remind ex wife about the divorce judgment.

Do let me know if you have any other questions.

Thanks
Blue

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Niicss's picture
Niicss | Joined: October 3, 2005 11:54 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

[quote:703a0a87d6]He called to receive a copy of the contract his ex-wife signed with the realtor and a copy of the history of any offers, showings, etc... to see if she is trying hard to sell the house.[/quote:703a0a87d6]

Is ex wife not willing to provide him anything? What she is saying? How many months the divorce has been final? If it has been quite a few months then your boyfriend should check whether she is taking proper steps to sell the house or not.

[quote:703a0a87d6]My question is: Does the quit claim deed supersedes the divorce decree?[/quote:703a0a87d6]

As the judgment mentions that he will be getting a portion from sale, quit claiming his rights will not make much difference.

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helping_user's picture
helping_user | Joined: March 31, 2006 03:39 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome Cpratt.

If the divorce decree says that he should get a part of the sale proceeds, I don't think he should have quitclaimed the property. Does the decree state about ownership rights? I mean if you aren't an owner, how can you get the sale proceeds, you really don't have any right on the property.

However, I would agree with Blue – the wording of the decree is important. If the decree does not mention anything about any property transfer or quitclaim deed, your boyfriend will have a fair chance of claiming the sale proceeds. In such a case, the quitclaim cannot supersede divorce decree.

Thanks.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

No, his ex-wife is not providing any "proof" that she is actively trying to sell the house. We are trying to receive hard copies of history so that if need be, he can take her to court. She is refusing. Unfortunately, her Aunt is the realtor! It is a mess! She is saying that they've had a few showings, but no offers. We don't trust her. Is she obligated to provide him a history? She is saying no because he signed the quit claim deed. The divorce decree says to work together. Can he get his own realtor? It has been 7 months since the divorce was final. How is he to know whether she is taking steps to sell? The house is on the market, but priced too high. No offers (so she says). I'm afraid she is milking him since he is paying her 60% of his paycheck!

The divorce decree does not state ownership rights. He knows now that he should not have signed the quit claim deed, but it is too late. We are trying to gain some "control" of the situation. This can go on for months maybe even years!

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miller_st's picture
miller_st | Joined: January 17, 2007 04:47 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Cpratt,

As the court has directed that the house is to be sold and your boyfriend should receive a share out of the sale his ex has the responsibility to work as per the court orders.

If she refuses to show you the details of the steps she has taken in the last 7 months then you have the right to go to court and state that she is not taking active steps so that the sale happens at the earliest. And also that she is not giving documents which prove her efforts in his regard. Court will verify whether points raised by you are correct or not and if they are then instruct her accordingly.

Miller

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I'm not quite sure how to ask this question but I'm going to try my best. My husband and his 3 siblings parents had gotten divorced and in their divorce decree is states that the acreage shall be divided amongst the 4 children (stating their full names) if something should happen to their parents. Well his father died and mom is still living. One of the sibling with spouse asked permission from the other siblings to build but in order to do this loan/mortgage the lender told them they had to assume the entire 8 acres. The land was never subdivided but the approval was given. With the understanding that if the next sibling was ready to build they would release the property. Well years have passed and notices were sent to the other 3 siblings that "they" are the sole owners by tenant by entirety (or something) and that no one is allowed to step foot on the property. Being that my mother is still alive and my sister in law had made her sign everything over to her, she claims that her & her husband are the owners of this said property. Could a divorce decree reverse this?

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi twatts!

If you have proper documents which states that all the 4 children will be the owner of the property after the death of the parents, then you can file a case against her in the court. You will have to prove that she mis-led you all and did the property transfer. I suggest you to consult an attorney in this regard.

Thanks.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My final divorce decree does not mention anything about our community property. There were pages attached that were infact filed with the city of divorce. I have been told that I do infact own 1/2 of the house deed for the house we aquired while we were married. We also just bought a 5th wheel together and obtained some land next to the house. How do I know exactly what is our "community" property since there was no mention of property divions of any sorts in the final divorce decree?

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome Janet,

You should contact your divorce attorney and he will able to assist you in deciding which of the properties will be considered as community property.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

In the divorce decree it states that my wife shall sign and acknowledge a deed conveying her interest in the former martial domicile to the husband (me) at the time the husband refinances the home into his individual name, which shall occur within two (2) years, that the husband (me) shall be solely responsible for the mortgage, insurance, taxes, maintenance and unkeep on the former martial domcile. I'm trying to do a home loan modification on the current loan to bring the loan current due to her not paying the mortgage, and then refinancing the loan into my name. The loan company states because it states in the divorce final decree that I don't need her to sign the papers as well as the quitclaim deed due to it stating in the divorce papers I get the house.

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi HBJ!

Welcome to fourms!

It will be better if your wife can formally sign a quitclaim deed and transfer the property to you. Though it's mentioned in the property, you will be able to claim the property as solely yours when you receive the property deed.

Feel free to ask if you've further queries.

Sussane

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