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Guest

Back in 2004 my wife signed a quit claim deed to her ex husband
part of a bifurcated divorce. Her ex past away in 2005 never to have
the quit claim deed ever recorded. His current wife is still living in the house saying it her house. My wife is paying the morgage payment and property taxes on the house as well. My wife's name is still on the deed as owner of the house. Who's house is it?

larry · Joined: 27 Jun 2007 Posts: 3322 474.67 Dollars($)

Hi pathei,

Welcome to the forum.

If the deed is not recorded in the county recorder office then it will not be considered as a valid deed. So there is a chance for your wife to get back the house. Consult with an attorney ASAP in this regard.

Feel free to ask if you have any further questions.

Best of luck,
Larry

jameshogg

Hi pathei,

If the deed is not yet recorded, then your wife is still the owner. At the same time, your wife is also paying for the mortgage and taxes. So, legally she is still the owner of the property and hence, the current wife has no claim over it.

Your wife needs to talk to the lady and ask her to vacate the property. Or else, if you can arrange for a lease option, then the current wife can pay you the monthly rent and then you can use it to repay the loan.

Thanks

jheard · Posted: Fri Mar 07, 2008 9:13 am Post subject:

Recording a deed does not affect its validity. Recording a deed is important where there are multilple deeds for the same property interest, then the first recorded deed usually has title.

In your case, your wife quitclaimed the property to the ex. It became his property. When he died, his wife probably got the ex's interest. Therefore, the new wife probably owns the property.

I assume your wife is still paying the mortgage as part of the divorce settlement. I would check with a divorce attorney about that as the divorce judgment may not apply to the new wife. In other words, your wife may be relieved of her obligation to pay the mortgage and taxes.

Guest

The wife in the house is a Filipina not an American citizen does this make a difference? Also, she is still married to a man in the Philippines who she divorced here in Las Vegas, but the Philippines does not recognize divorce.

larry · Joined: 27 Jun 2007 Posts: 3322 474.67 Dollars($)

Hi john,

Welcome back.

first of you can do a title search or inquire in the recorder's office in your state to see who is on the deed now. I think you should contact with a lawyer for this.

Best of luck,
Larry

Guest

My wife is still on the original deed. We go to court next moth to resolve all this. I hope the judge has sence enough to read all the documents. If the judge rules in my wife's favor, normally how long would be given for an eviction? Also, would the wife in the house be responsable for back rent?

larry · Joined: 27 Jun 2007 Posts: 3322 474.67 Dollars($)

Hi john,

Welcome back.

If your wife has quitclaimed the property then why is she paying the mortgage payments and the taxes of the property? Is it that she has quitclaimed the property and is still paying the mortgage payments as per the divorce decree as jheard has also mentioned above? Now if she has quitclaimed the property according to the divorce decree and then she may not be the owner of the property.

Please inform us these queries so that we can answer you better.

Best of luck,
Larry

Guest

My wife's name is still on the original deed. The original quit claim deed
was never recorded in the county records also the original can not be found. We're thinking her ex-husband discarded it before he died because
he did'nt want his current wife to have the house since the house has been
the family home and wanted his daughter by him and my wife to have it one day. There are only copies of the quit claim deed.
Since my wife is still on the original deed and shows her as the owner of the house, she's responsable for the morgage payments.

blue · Posted: Thu Apr 10, 2008 11:51 pm Post subject:

Hi,

Welcome to Mortgagefit discussion board.

Can you prove this in court that your wife's

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un recorded quit claim deed