Posted on: 14th Jul, 2007 09:17 pm
hi,
my ex-wife left me after 3 years marriage. a year later i requested her to sign quit claim deed to transfer the ownership of the house. she signed, and i refinanced the mortgage to remove her name from the title. while i asked her to sign the quit claim deed, i wrote a letter which agreeing to pay fixed amount money when the house was sold-cosigned by a friend, not notarized. the house was sold few months later. however, i found in quit claim deed that grantor doesn't have any right to claim any interest from house sale. if it's right, i don't have to pay what i agreed in the letter.
can you help me whether i can refuse to pay it or not?
my ex-wife left me after 3 years marriage. a year later i requested her to sign quit claim deed to transfer the ownership of the house. she signed, and i refinanced the mortgage to remove her name from the title. while i asked her to sign the quit claim deed, i wrote a letter which agreeing to pay fixed amount money when the house was sold-cosigned by a friend, not notarized. the house was sold few months later. however, i found in quit claim deed that grantor doesn't have any right to claim any interest from house sale. if it's right, i don't have to pay what i agreed in the letter.
can you help me whether i can refuse to pay it or not?
Welcome Peter,
If the deed mentions that the grantor does not have to pay any part of the sale proceeds, then you need not pay any amount to your ex-wife.
If the deed mentions that the grantor does not have to pay any part of the sale proceeds, then you need not pay any amount to your ex-wife.
Hi Peter,
What is mentioned in the deed matters a lot compared to what you've put down in the letter. If the former says the grantor need not pay then he has the right to refuse any payment. The deed is notarized and signed in front of witnesses. As such it is legally valid if recorded.
Thanks.
What is mentioned in the deed matters a lot compared to what you've put down in the letter. If the former says the grantor need not pay then he has the right to refuse any payment. The deed is notarized and signed in front of witnesses. As such it is legally valid if recorded.
Thanks.
"I found in Quit Claim Deed that Grantor doesn't have any right to claim any interest from house sale. "
What you mean by saying that you found in quit claim deed?
Was this clause included by your attorney in the deed which ex wife signed?
Miller
What you mean by saying that you found in quit claim deed?
Was this clause included by your attorney in the deed which ex wife signed?
Miller