Posted: Sat Oct 02, 2010 11:19 pm Post subject: If the mortgage is in my mother-in-laws name, but my husband
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3 years ago, we bought our first home in Washington. We were told that we needed a co-signor. My mother-in-law co-signed the loan. I signed a bunch of documents. We were living in Alaska at the time.
My husband flew to Washington. I asked if I needed to be there to sign, he said no. Then he called me in a panic and said if I didn't sign some papers, have them Gold-Streaked on Alaska Airlines to Washington, we wouldn't get the house. He provided me the name of a Title office I had to go to. I asked him what it was that I was signing, and he said it was to put my name on the title. I went and said, show me where to sign. It was a quit-claim deed. My husband told me it was that I knew he was buying a house without me.
When I asked my husband for a divorce, due to emotional and verbal abuse I asked that he leave. Very smugly he told me he wouldn't. It was his house. That he could have me removed at any time. I said, no. Washington is a 50/50 state. My name was on the title. He said NO. I signed a quit-claim-deed and that it took my name off of the title. Him and his mom could remove me at any time and would call the cops. We have three children. I did not want them to see me taken from handcuffs, so I went and rented an apartment.
My question is... since then, I found out that his mom is the one technically on the mortgage. But he is also on the house title. Can I be awarded the home? And if so, can he be ordered to pay the mortgage in-lieu of child support, and what if the rate increases?
Technically, your name is not mentioned on the property deed and it will be difficult for you to claim ownership of the property. However, you can always file a lawsuit against your husband claiming that he forced you to sign the quit claim deed and you were not aware of what you were signing. You should contact a real estate attorney in this matter and he will help you in a better way in this regard.
I know your Ex has tricked you in this regard but you should contact any divorce attorney and get a divorce decree done through him.One more point to add is you are eligible for child support and you can convey your point in front of the judge that you should get a house n lieu of child support.
Best wishes for your battle.
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ericksonfamily
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