Posted on: 06th Mar, 2009 04:34 am
my boyfriend's ex-wife got the house in their divorce 2 years ago. in the 2 years since, she has been living in the house with her boyfriend, both jobless and has never filed the quit claim deed. as far as the banks are concerned however, the house is still in my boyfriends name because she never got financing on it, so he has been making the payments every month ($1200 on top of paying her $1200 in child support) and she has on multiple occassions told him she was making the payments when she really wasn't and he would get calls from the bank saying the house is behind and he would have to pay mulitple months at once to catch it up. is there a timeframe she needs to file within to make it valid or does she even need to file the quit claim deed since the divorce record says she got the house? she and her boyfriend did completely move out about 1.5 months ago so the house is completely empty. how can he get the house back as far as the county is concerned?
Hi lmg,
I think he needs to get a quitclaim deed signed by his ex-wife to remove her from the title. However, if she cannot be traced, he can file a quiet title in the court so the court passes a judgement transferring the title to your husband.
I think he needs to get a quitclaim deed signed by his ex-wife to remove her from the title. However, if she cannot be traced, he can file a quiet title in the court so the court passes a judgement transferring the title to your husband.
She has got the house in divorce.Her name is there on the deed but now he (your husband) is no longer her husband so banks can't catch your husband for the payments.
As far mortgage is concerned if your husbands name is there on the mortgage then your husband's ex need to sign the quit claim saying that she is no longer interested in the property. so your husband will legally get the house back.
If she is not available for longer time to sign the quit claim then quite title is good option. :arrow:
As far mortgage is concerned if your husbands name is there on the mortgage then your husband's ex need to sign the quit claim saying that she is no longer interested in the property. so your husband will legally get the house back.
If she is not available for longer time to sign the quit claim then quite title is good option. :arrow:
manoj, before you make definitive statements, it is necessary for you to know what you're talking about. you stated as follows:
As far mortgage is concerned if your husbands name is there on the mortgage then your husband's ex need to sign the quit claim saying that she is no longer interested in the property. so your husband will legally get the house back.
that is blatantly false information. our original poster explained that the former spouse is a joint owner of the property, and since the couple had purchased the home jointly, he is also on the mortgage note. hence, the bank is within its rights to call upon him to insist on payments. and for him to legally get the house back, i'd like to know what your basis is for that statement.
yes, he can pursue this issue in court, but that's not going to be a one-day deal, so i would suggest he hunker down and be prepared to continue to make the mortgage payments. the alternative? of course, that's foreclosure by the lender.
As far mortgage is concerned if your husbands name is there on the mortgage then your husband's ex need to sign the quit claim saying that she is no longer interested in the property. so your husband will legally get the house back.
that is blatantly false information. our original poster explained that the former spouse is a joint owner of the property, and since the couple had purchased the home jointly, he is also on the mortgage note. hence, the bank is within its rights to call upon him to insist on payments. and for him to legally get the house back, i'd like to know what your basis is for that statement.
yes, he can pursue this issue in court, but that's not going to be a one-day deal, so i would suggest he hunker down and be prepared to continue to make the mortgage payments. the alternative? of course, that's foreclosure by the lender.
