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Can Spouse Legally Object To Removing Her Name via Quit Claim Action?

Posted on: 27th Jul, 2009 09:13 pm
in sept 2003 my wife and i purchased a home, however she did not have the required lenght of time of verifiable employment as she was a bookeeper and 1099'ed her clients. therefore my name is the only loan holder on the mortgage loan. in oct08, under duress, in submitted to her nagging and we created a family living trust (prior to this i had my own trust in my name only to protect a large inheritance after my father passed away.) when the new family trust was created, the attorney put the house in the trust via a quit claim deed, adding my wife to the county deed. in may we separated and without my knowledge had not paid the mortgage payments since january (putting the funds in a hidden bank account in her name only.) i assumed that she had made the payments because i never saw any notices or bills come in the mail. she was keeping them from me, then after legally separating and living elsewhere, stealing mail addressed to me out of the mailbox before i ever saw them. on june 10th i became aware of the situation when i received a notice of foreclosure from the lender. since that time i have got the mortgage current as well as all utilities that had not been paid for 2-3 months. i now know, that because she was not listed on the loan doc's as the borrower, she is not liable, nor will she incur any negative credit reporting on her credit reports.

can i file a quit claim to remove her from the deed without her having to sign it? i have mentioned this several times to my divorce attorney but has not acted on it. can and should i just do it myself? i live in san diego county.
Hi fosalfen,

You cannot file a quitclaim deed to remove your wife's name from the property deed. Your wife will have to sign a quitclaim deed and transfer the property to you. You cannot force her to sign the quitclaim deed and you won't be able to do it yourself. You can try to buy her out by offering her some money and asking her to transfer the property to you.

Take care.
Posted on: 28th Jul, 2009 01:44 am
Thank you for the quick reply. Let me ask you this then: During the Dissolution process we are going through right now, can my attorney or the judge force her to sign a Quit Claim? I trusted her with a fairly large sum of money from inheritance last year that was SUPPOSSED to be in a our Emerengcy Fund, plus other large amounts, and she took the money and ran so to speak without regard for the repercussions that wiould fall on me because she is not on the Loan Doc, only the Title via Quit Claim. Once my attorney wins the separate property issue I can revoke the current Trust, which the current Quit Claim Deed is encumbered. Can I then file for abandonment on her opart fior all she has done uyp to now, or how does taht work?
Posted on: 28th Jul, 2009 04:31 am
Thank you for the quick reply. Let me ask you this then: During the Dissolution process we are going through right now, can my attorney or the judge force her to sign a Quit Claim? I trusted her with a fairly large sum of money from inheritance last year that was SUPPOSSED to be in a our Emerengcy Fund, plus other large amounts, and she took the money and ran so to speak without regard for the repercussions that wiould fall on me because she is not on the Loan Doc, only the Title via Quit Claim. Once my attorney wins the separate property issue I can revoke the current Trust, which the current Quit Claim Deed is encumbered. Can I then file for abandonment on her opart fior all she has done uyp to now, or how does taht work?
Posted on: 28th Jul, 2009 04:32 am
Forrest

ONly and only if court gives order that the amout left with her is more than the child support then only that property can be transferred to you back.

Do you think that it is possible for you to get the thing solved in court.but before that if you can send her a legal notice through your attorney about this that will help the matter solve in a rightful manner.(out of court settlement)


keep in touch.........
:arrow: :arrow: :arrow:
Posted on: 28th Jul, 2009 04:55 am
how child support got into this stream is beyond me, but it doesn't appear to be particularly relevant.

it is abundantly clear to me that an "out of court settlement" is not in the cards. the bitterness you expressed in your post tells me that, as well as the allegations you've made about your wife. if she's one-third as bad as you portray her to be, then there's no way she'll comply "in a rightful manner."
Posted on: 28th Jul, 2009 07:35 am
my husband and I have an appointment with a lawyer about bankruptcy, 20,000 plus in the hole not including house, but are 2 months behind on house due to being in over our heads. question is should we include house and have a fresh start or not? Job not secure!
Posted on: 28th Jul, 2009 08:16 am
broke, when you sit down the the bankruptcy lawyer, that's a question best posed to that expert. you'll be receiving tons of answers now from various parts of the internet world, and i wish you well weeding through them. stick with the lawyer, please.
Posted on: 28th Jul, 2009 08:18 am
husband quit accepting jobs (contractor) because he believes the world is ending. doom and gloom, stockpiling and warning lectures daily for 3 yrs was too much to take and i finally left under duress. he wants to claim abandonment and wants me to sign a quit claim but i am on the mortgage. ideally i'd like him to refinance and then i'd sign but turning down jobs for 3 years won't help him to get a mortgage. i don't really care how he refinances but i don't want to be responsible for something i don't own,. would a judge force this on me? he claims i am being served to be forced to sign quit claim and have to remain on mortage. what kind of suit could this be? is it just another bluff? i feel i have justification in leaving. could he claim abandonment and me be forced to sign quit claim?
Posted on: 28th Feb, 2012 08:26 am
Hi kass!

Welcome to forums!

Unless your husband can refinance the mortgage or assume the loan in his name, you can't remove the name from the mortgage docs. In such a situation, you will be liable for paying the loan. However, it is also a fact that you can't be forced to sign a quitclaim deed. If the case is filed in the court, you should put up your view point and will have to wait for the judgment. You should also contact a real estate attorney and take his opinion in this matter.

Feel free to ask if you've further queries.

Sussane
Posted on: 29th Feb, 2012 01:37 am
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