Quitclaim Deed

Guest 0.10 Dollars($)

Me and my domestic partner of 12 years have broken up. We have owned a house together for the past 7 years. I left the home in Nov of 2007. I am no longer paying my half of the mortgage. She is living there with her new partner and refuses to sell the home and give me my half of the monies. I was informed to get my name off the deed she would need to refinance the home and put it in her name. At this point she can not afford to do that so we are at a standstill. I asked for a buyout figure and said I would sign a quitclaim deed so that I would no longer be responsible for anything to do with the home. Is this a good idea?

larry · Joined: 27 Jun 2007 Posts: 3328 473.40 Dollars($)

Hi TLP,

Welcome to the forum.

She has given you your half of the money. That is good. But I think you should not quitclaim to her as long as she take the mortgage on her name. When she can be able to refinance the mortgage on her name, then you can quitclaim to her.

Feel free to ask if you have any further questions.

Best of luck,
Larry

Guest 0.10 Dollars($)

I have not been paid any monies yet. She will not sell the home and can not afford to refinance on her own. I asked her for a settlement and it return I would sign the quitclaim deed so that she will not have to sell or refinance. I just don't want to be responsible for the home any longer since I am not living there. Now that she has her new partner living there and God knows who going to the house I do not want to be sued it someone gets hurt or anything. She is the one who cheated on me so I left with my clothes and personal things. She has everything else. If she agrees to give me the dollar amt I asked for should I sign the quitclaim deed?

jheard · Posted: Tue Apr 01, 2008 7:46 am Post subject:

If she does not want to sell or refinance, then you must force a sale. The way to do that is with a "partition" lawsuit. Contact a real estate attorney in your area.

Guest 0.10 Dollars($)

Thanks for the info. I did contact an attorney but because we are 2 females and not married I was told it is like a business partnership and we would both need to agree on the sale. She will not agree and has been avoiding me. We broke up in June of last year and I left the state in Nov. now she has moved in her new partner and won't agree on anything. My attorney said we can try a threating letter to see if that scares her into doing something. I know the letter is not going to work. I will read up on the advice you just gave me.

0.10 Dollars($)

Your attorney may be wrong. Get a second opinion.

sara · Posted: Wed Apr 02, 2008 3:14 am Post subject: RE:

Well Tlp, I too feel that sending a threatening letter is a scary opinion. I guess filing a Partition Lawsuit will be the best option here as your partner doesn't seem to be eager about going for a settlement.

Take Care

Guest 0.10 Dollars($)

Thanks everyone for the info. I did contact another attorney and he is going to send her a letter with the 3 options of either selling, refinancing or paying me off and I will sign the quitclaim deed. If she does not go for any of the options or if she does not respond we will go with the partition lawsuit. I may finally get somewhere. The only thing is I know her and she will not respond to the letter and if it is sent certified she will not accept it. Then what?

jheard · Posted: Wed Apr 02, 2008 7:33 am Post subject:

A demand letter is not required. File the lawsuit.

Guest 0.10 Dollars($)

I wanted to give her one last chance to settle with me. I really don't want to spend all the monies I will get from the house to pay for this lawsuit. I just want to let her know I will if I have to. My attorney said he will give her 10 days to respond and if not then we will go with the lawsuit. The other thing is that I live in VA now and the house is in NJ. I have a NJ attorney. Is there any way I can have her pay my attorney fees due to the fact that she is the reason why I have to go this route?

Niicss · Joined: 03 Oct 2005 Posts: 1047 156.15 Dollars($)

Welcome TLP.

No I don't think you can make her pay the attorney fees. You can file the partition lawsuit and the proceeds will be divided between you accordingly. If you gain anything after the sale of the property, you will get your share of the property and if there is any loss then also you will need to pay half of the loss.

Guest 0.10 Dollars($)

My attorney sent out the demand letter and my ex did receive it because she called me and wants to handle this issue without attorney's now. If she can come up with the buy out figure I am asking for should I sign the Quitclaim deed? Also if I do go with the partition what if she will not allow the house to be shown or if she is not keeping up with the house and it is a mess. I was the one who took care of the house and grounds so I do not know what condition it is in right now.

Niicss · Joined: 03 Oct 2005 Posts: 1047 156.15 Dollars($)

Welcome back TLP.

If can buy you out, means pay you for your share of the property to you that is the best option. You just quitclaim the property to her and she can pay you out. So now this should not be a mess.

Let me know if you have any further queries.

Guest 0.10 Dollars($)

My ex moved her new partner into our house a few months ago. I am living in VA now and the house is located in NJ. I guess she feels I would not be showing up at the house so she let the girl move in. I still own half of the house. Is there anything I can do to have the girl removed from the house till it is out of my name? I am worried that she can sue me and say she was hurt or something on the property and if my ex agrees to sell the house it can take a long time to sell it and the girl will be living in the house. This is a concern for me.

larry · Joined: 27 Jun 2007 Posts: 3328 473.40 Dollars($)

Hi TLP,

Welcome back,

If your ex is buying you out then why do you thinking to take action against someone. Just ask her to pay you ASAP and quitclaim the property to her and get out of this.

Feel free to ask if you have any further questions.

Best of luck,
Larry

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