Quit Claim

raymarinc · Joined: 10 Apr 2008 Posts: 2 1.95 Dollars($)

My wife and I own a house together, both are on Title. 3 months ago I signed a quit claim to her. we are seperated, and now she says she is going to get the sheriff to come and remove me from property.
Is this leagal?

jheard · Posted: Thu Apr 10, 2008 3:16 pm Post subject:

Since you gave her title, you also gave possession, absent some other written agreement. However, before the sheriff will come, she will need to file an Unlawful Detainer (eviction) court action against you, receive a judgment, and obtain a Writ of Possession. Then the sheriff will come out and remove you from the property.

raymarinc · Joined: 10 Apr 2008 Posts: 2 1.95 Dollars($)

But we are still on title. thought i only gave her the right to sell not evict me.
Also I had been 10 years sober and when things fell apart I got drunk, stupid thig to do yes but done.
I was suicidal, depressed, detoxing, and she kept harping this quit claim. Hassled me daily, " how are going to do this to your kids? " "This is going to help us both", ect. ect. felt like I had no choice.
Do I have ANY options to get out of this?

David Vasquez

larry · Joined: 27 Jun 2007 Posts: 2951 411.26 Dollars($)

Hi David,

Welcome back,

I have given answer to your query at http://www.mortgagefit.com/quitclaim/sell-evict.html#49035

Have a look at it.

Feel free to ask if you have any further questions.

Best of luck,
Larry

jheard · Posted: Fri Apr 11, 2008 7:39 am Post subject:

A quitclaim deed means you give up any title you may have had to a property. You have given up title to the property, which means you have no right to possession, absent some other written agreement.

Sorry, your ex-wife is right on this one.

All times are GMT - 7 Hours

Page 1 of 1