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sandra
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0.10 Dollars($)
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Post subject: didnt sign it |
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| During my divorce I agreed to give my husband the house because he is the custodial parent though we have joint custody and he swore that he wanted the kids to grow up in their home and that he would not sale the home so I agreed to let him have it. In the divorce papers it says that I was to file a quit claim deed but I never did. Now he is selling the house one year after our divorce. Since I didnt sign the quit claim deed can I get half of the equity on the home? |
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Moers
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0.10 Dollars($)
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Post subject: |
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Hi Sandra,
As the divorce papers stated that you have to quit claim your interest in the home to him, I think you should get the quit claim deed prepared and transfer your interest.
Also as per the agreement he swore not to sell the home, so he has broken the agreement. For that reason you can take him to court and claim for a share if the property is sold. |
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Jessica
Community Mentor
Joined: 08 Jun 2004
Posts: 813
Location: OHIO
194.39 Dollars($)
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Post subject: RE: Getting share of equity? |
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Hi Sandra,
First of all, I should say that you are legally the owner of the property as you haven't transferred it through quit claim or any written statement or deed.
As the divorce papers state that you file a quit claim, what I get to understand is that the court wants your husband to take the property. So, the law can charge you for not filing the deed rather than your husband for selling it.
If you quit claim the property to your husband now, he can sell it legally and it's totally up to him to allow you for half the share of equity.
Do get back to us for further queries.
Regards,
Jessica.
_________________
http://jessica.mortgagefit.com/ |
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43YOUNG
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0.10 Dollars($)
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Post subject: QUIT CLAIM DEED |
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| I BOUGHT A PROPERTY AND QUIT CLAIMED IT TO A FRIEND. HOW CAN I CAN IT OFF MY CREDIT? |
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Caron
Moderator
Joined: 19 Jul 2005
Posts: 1562
Location: florida
266.54 Dollars($)
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Vanessa
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0.10 Dollars($)
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Post subject: Quit Claim Deed |
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| My mom and step father quit claimed their home to me 2 years ago. My mom just passed away now my step father is trying to say he didn't know what he was signing because he can't read. This is so not the case. What rights does he have now? |
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jameshogg
Joined: 20 Dec 2005
Posts: 4189
Location: nevada
492.91 Dollars($)
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Post subject: |
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Hi Vanessa,
It is very hard to reverse a quit claim deed. Once a person signs the deed he will have to prove in the court that he was not aware of what he was signing at the time the deed was made.
Just saying that he did not know what he was signing can not be enough to cancel the deed.
James |
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sara
Moderator
Joined: 05 Jul 2006
Posts: 1651
Location: New Brunswick, New Jersey
308.83 Dollars($)
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Post subject: RE: What rights remain after quit claim? |
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Hi Vanessa,
Since your father has quit claimed the property, so he no longer has any interest in it. As far as ownership rights are concerned, your father can claim it. But legally he should not get any such rights after he has quit claimed the property. Also, he has no right to sell the property.
Thanks,
Sara |
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julie
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0.10 Dollars($)
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Post subject: quit claim deed |
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| if grantee dies does it go back to grantor |
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helping_user
Joined: 31 Mar 2006
Posts: 815
Location: Hawaii
154.76 Dollars($)
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Post subject: RE: Does grantor get back property when grantee dies? |
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Hi Julie,
One of the ownership rights of a property is right to possess the property. When a grantor signs quit claim deed, he can still have the right to possess property by retaining a life estate for himself.
The life estate gives the grantor the absolute rights to stay in the property until and unless he dies. And, only after the grantor dies, the grantee can get the right to possess the property. But if there is no life estate, the grantor has no legal right to the property after the quit claim is signed and the property is transferred to the grantee. So, even if the grantee dies, the grantor does not get back the property. Instead, the heirs of the grantee may get it.
Thanks |
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confused in LA
Guest
0.10 Dollars($)
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Post subject: quit claim and community property |
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I signed a quit claim during marriage, and now facing a divorce. Does the quit claim effect my share in home improvements made during marriage?. Also the house is his sole property.  |
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Paterson
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Post subject: |
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Hi,
As you had quit claimed the home to your husband, I am afraid that at the time of divorce you will be not be able to put a claim for any share of the home.
A quit claim deed means that you have transferred your interest in the home in your husband's name. |
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sara
Moderator
Joined: 05 Jul 2006
Posts: 1651
Location: New Brunswick, New Jersey
308.83 Dollars($)
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Post subject: RE: Is it possible to get share after quit claim? |
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Hi,
If you have already quit claimed your share to your husband, then you cannot get any share in home improvements. But the court may allow you to get an interest in the property. You will have to wait for the court judgment on this issue. And, also check out what the court mentions in the divorce decree.
Thanks,
Sara. |
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Amber
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0.10 Dollars($)
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Post subject: Can I use a Quit Claim to have the bank take property back? |
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We had to go the Chp. 7 bankruptcy, after 4 years of struggling after layoffs. We do not want the property, but the HOA says we have to pay the dues as long as the place is in our name. We even have moved! The bank has NOT contacted us and we DO NOT want the property. Someone suggested completing a Quit Claim Deed to the bank, relinquishing our ownership, then send the Quit Claim Deed along with a letter & the keys to the bank (a letter & copies to be sent to the HOA so they know it is no longer in our hands or responsiblity).
We don't want to relive court proceedings (we had enough & we've both experienced severe depression). We just want it over with, not to endure "foreclosure". By the way, the mtg was NOT reaffirmed & our liability to the mtg was discharged in the bankruptcy. The bank shows our balance as $0.00 on our credit report. This technically was a 2nd mtg, but our only mtg.
What is your opinion and/or experience?
Thanks! |
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Timw
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Post subject: |
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Hi Amber,
If the HOA accept the property then you can quit claim it in their favor. Before sending the keys and the quit claim deed as you have said you should get it cleared with them as to whether they will be accepting the property or not. |
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