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mbmatzke · Joined: 29 Oct 2008 Posts: 2 1.91 Dollars($)

In 1996 my husband bought a house in his name(deed and mortgage) and in 1997 We got married. We lived there together and in 1999 we wanted to build a new house and move out. This home was in a bad area and we were afraid it was going to be hard to sell and we didn't want two house payments. I called the Realtor that my husband bought the home from and asked him to list the property for sale. He said he would buy the property from us. At closing he said the mortgage was unassumeable and he would be our property manager. The Realtor has been making the house payments. But my husband signed a quit claim deed as a grantor for this property. 8 years later it is still on my husbands credit and for the last few years the realtor has been making late payments and is currently 60 days late on mortgage payment. The Realtor refuses to give back the home. Since I did not sign the quit claim deed, do I have any rights to this home. What happens to us if the home gets foreclosed on. We live in michigan would dower rights help me. Any opinion would be appriciated.

brian1 · Posted: Wed Oct 29, 2008 6:02 pm Post subject:

Seek an atty for this
Hopefully there is an agreement between the two in writing?
You have no recourse the home wasnt in your name.

Good Luck
Brian

Jessica · Posted: Thu Oct 30, 2008 4:25 am Post subject:

Hi mbmatzke,

Welcome to our forums.

As per the law on dower rights, you should have as much rights on the property as your husband has. In spite of your husband signing on a quitclaim deed as grantor and giving away property to the lender, I feel you still have some rights on it.

The loan is in your husband's name. So, if the property is foreclosed, even though he isn't there on the deed, his credit will be affected.

To know more on dower rights, check out the pages:

http://www.mortgagefit.com/quitclaimdeed/dower-rights.html#30706
http://www.mortgagefit.com/refinance/dower-rights.html#64139

Regards,

Jessica.

rita2 · Joined: 23 Apr 2010 Posts: 286 51.03 Dollars($)

Hi,

As per as my knowledge is concerned, as your husband signed a quit claim deed he is also liable for the mortgage loan. As the Realtor is behind on payments it started effecting your husbands credit score. You still have the right on the property as you have not signed the quit claim. Before the house is foreclosed, consult with a real estate attorney and check your rights on the property and go accordingly.
If you have any question feel free to ask.

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Can a husband quit claim a house to someone else while they are married?