Posted on: 24th Jun, 2008 12:45 pm
Upon our divorce I quitclaimed (my purpose for my children) the family home to my ex-wife. The Loan was in my name only with the deed bearing both our names. We had a verbal agreement that she would re-finance and make timely payments until she re-financed it. The divorce decree only states that she gets the home and holds me harmless. Well its been 8 months now, she has been repeatedly late, missed a payment, and let the insurance drop. I warned her my loan was coming up for renewal (ballon note) in 2 mos.. I advised her she had to get her own financing. She failed to get financing and attempted to sell but couldn't find a buyer. On the day my balloon note was due she quitclaimed the house back to me. We discussed her renting the house if she paid the late fees and interest the bank required and signed an agreement to stay timely on payments or she would be evicted. Before I re-financed she said on several occassions that she didn't have the money. As a result I had to pay the late fees, taxes and re-finance to keep the house going into foreclosure. I served her an eviction and she is now claiming fraud that I stated that I would sell the house back when she got her credit straitened out. Which she asked when I recorded the Quitclaim and I told her "no". She claims now with her families assistance that she can finance the house and if I don't Quitclaim it back to her she will hire an attorney. I feel that I have gone as far as I need too and plan to move into the home that I own and recently re-financed, I also believe that I will get my children soon (they are at the age to make that decission) and have expressed so. Do I have legal problems with my ownership of the house?
I don't see any problems.
Hi Dcopr.
Welcome to the forum.
If she has quitclaimed the property to you then she cannot claim it back. BTW have you notarized and recorded the quitclaim deed that she has signed? If you have done it then you should not have any problems.
Feel free to ask if you have any further questions.
Best of luck,
Larry
Welcome to the forum.
If she has quitclaimed the property to you then she cannot claim it back. BTW have you notarized and recorded the quitclaim deed that she has signed? If you have done it then you should not have any problems.
Feel free to ask if you have any further questions.
Best of luck,
Larry
if the quit claim deed has been done, the grantor will lose her property. but you'd better have arecord for this quit claim deed.
Thanks for the help! The Quitclaim was notarized and recorded the same day it was signed. I was told that the Judge could rule in her favor and reverse the deed if he believes I tricked her into signing. Which is not the case, it was either sign it back or the bank would get it. I've never been thru this before. But this seems the Recorded Quitclaim should be all there is to it. Still hearing different opinions but I am going thru with the unlawful detainer lawsuit to get her out.
Welcome back Dcopr.
You should consult with an attorney on this matter. I have to agree with the above posters that once your ex-wife quitclaimed the property she cannot get it back if you don't quitclaim the property back to her. Otherwise she needs to prove that deed is invalid or you have tricked her to sign the deed. In this situation an attorney's help is very much needed.
Let me know if you have any further queries.
You should consult with an attorney on this matter. I have to agree with the above posters that once your ex-wife quitclaimed the property she cannot get it back if you don't quitclaim the property back to her. Otherwise she needs to prove that deed is invalid or you have tricked her to sign the deed. In this situation an attorney's help is very much needed.
Let me know if you have any further queries.