Posted on: 25th Sep, 2006 08:33 am
I am in the process of a divorce. Community vs Separate Property has yet to be decided. Although the Court forbids either party from buying or selling real estate without the written agreement of the other, my husband is trying to buy a home. He now wants me to sign a QUIT claim, saying he will lose his deposit and is being charged $100 a day until I do. It looks like he is possibly paying cash from an inheritance which I believe he has co-mingled making it CP. I have issues about my never being able to enjoy owning a home now, after 15 years of waiting for \"his ship to come in for us\" only to be left with an apartment I rent and see metaphorically as an inflatable dinghy. I don\'t want to sign this for a few reasons, biggest being the Court\'s restraining order and my fear that agreeing to this will affect my future security because of his ability to provide support for me will be changed by whatever payments he might be making on a mortgage. I will admit I don\'t relish the idea of helping him live an even better lifestyle than he has now. I have no assets, I am disabled, and I live in Calif. He claims it\'s for my own protection that I sign so I don\'t end up stuck with obligations should something happen to him. I don\'t know what I\'m asking but I know there are a few questions in the above rambling. I guess one would be is there anything bad that can happen to me if I don\'t sign? Can he get the property anyway? Will my name have to be on any type of purchase like this? Thanks, KT Q
Hi Kathleen,
I do not think you have to sign the quit claim. Whether or not he gets the property will be decided by the court.
"I guess one would be is there anything bad that can happen to me if I don't sign?"
From the details you have given it is certain that nothing bad could happen if you do not sign.
I do not think you have to sign the quit claim. Whether or not he gets the property will be decided by the court.
"I guess one would be is there anything bad that can happen to me if I don't sign?"
From the details you have given it is certain that nothing bad could happen if you do not sign.
Hi Kathleen,
As court forbids buying with the written agreement or the other person, he will be violating the law if he goes through with the purchase without your permission.
It is also not necessary to have your name on any property purchase that your husband makes. He can purchase without involving you in any way.
Thanks
Madigan
As court forbids buying with the written agreement or the other person, he will be violating the law if he goes through with the purchase without your permission.
It is also not necessary to have your name on any property purchase that your husband makes. He can purchase without involving you in any way.
Thanks
Madigan
Hi K.T,
I too feel that you should not sign the deed when the court order is pending. You should wait for the divorce decree that the court will provide you with.
I too feel that you should not sign the deed when the court order is pending. You should wait for the divorce decree that the court will provide you with.
Hi,
I don't there can be any problem if you don't sign the deed. The only thing that needs to be considered is, if your husband fails to pay off the mortgage, the lender can demand it from you, as you are a co-owner of the property. And, I don't think that any such purchase must have your name.
I don't there can be any problem if you don't sign the deed. The only thing that needs to be considered is, if your husband fails to pay off the mortgage, the lender can demand it from you, as you are a co-owner of the property. And, I don't think that any such purchase must have your name.
Hi Kathleen,
Your husband cannot get the entire property until and unless you quit claim your part of the house to him. He has to get your signatures if you own a certain portion of this property.
Thanks,
Sara
Your husband cannot get the entire property until and unless you quit claim your part of the house to him. He has to get your signatures if you own a certain portion of this property.
Thanks,
Sara