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Quick Claim Deed from Divorce

In the state of Michigan, Oakland County, I received a Judgment of Divorce. For the division of Property, the Marital Home section is described with...

"The Plaintiff shall have exclusive possession of the marital home located at.... for a period of five (5) years from the date of the Judgment of Divorce."

Judgment of Divorce is April 15, 2003.

"The Defendant (me) shall retain an $xxx.xx lien on the property to be paid at the statutory interest rate. The Defendant will receive his monetary share if the home is sold or in 5 years, whichever occurs first."

Now for the legal part I have questions on...

"Upon receipt of the Defendant's monetary award the Defendant will execute a [url=http://www.mortgagefit.com/quitclaim-deed.html]quit claim Deed[/url] conveying his rights, title claim and interest in the marital property to the Plaintiff."

When the divorce was created, it was assumed that my ex would sell the home and this would give her time to do so. Since then, she has been continuously late on payments and the mortgage company as threatened foreclosure on several occasions.

The ex has been unsuccessful in selling the house, though I hear she has received some offers.

Now, I find out she is to be remarried and plans on staying in the house. If this is true, I will have to execute a Quit Claim Deed to get my monetary share, but she will have all interest in the home. Plus I will still be on the mortgage.

Is this true and if so, what can I do to get my monetary share and get my name off the mortgage?

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helping_user's picture
helping_user | Joined: March 31, 2006 03:39 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome Stefan.

I understand your problem but you need to talk to the plaintiff and come to a settlement as far paying off the mortgage and selling the home is concerned.

If the plaintiff is willing to stay in the property, then as per the divorce agreement, you cannot claim the sale proceeds till the end of 5 years. But I guess you need the money and there's the loan payment also. Now, if you want to take your name off the loan, you'll have to request the plaintiff to do a [url=http://www.mortgagefit.com/refinance.html]refinance[/url] in her name so that she takes over the responsibility of paying off the loan.

As far as getting your monetary share after divorce is concerned, I doubt whether you will be able to ask for it right at the moment. And, I don't think legally it is possible to get your share of money because the divorce papers itself says that you'll receive the share only if the house is sold (which in this case is not happening actually) or after 5 years, whichever is less.

Thanks.

Like | Dislike | Share | Posted: Fri, 02/05/2016 - 00:09 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Thank you for your quick response.

The divorce was offical in April 2003. The five year period will be up next spring in 2008.

I've waited this long for the money, so waiting until next spring is not the issue.

The issue is the possibility that she will be able to gain possession of the home and live in it for the next 20 some years and yet my name will be on the mortgage. Meanwhile, she and her new husband will live in the home while my name is on the mortgage. I will be restricted in gaining any mortgage for myself because my name is on this mortgage.

Is this correct? Does this seem fair? Is there anything I can legally do?

Like | Dislike | Share | Posted: Fri, 02/05/2016 - 00:09 | Post subject:

Samantha's picture
Samantha | Joined: September 16, 2005 11:59 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Your understanding seems to absolutely correct Jvstefan. Well, it's good that the 5 year period will be up by next spring. I understand that you will be the one moving on with the loan. But there isn't any option out except if your ex refinances and puts her name on the loan or else if you talk to the lender and request for a transfer of the loan by [url=http://www.mortgagefit.com/know-how/novation-mtg.html]novation[/url]. But for this, you need to get the agreement of your ex that she would pay off the remaining balance.

Hope this helps...

God bless you.

Samantha

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miller_st's picture
miller_st | Joined: January 17, 2007 04:47 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

There is no other option apart from a refinance by your ex. You will remain on the mortgage even after quit claiming the house to her.

Have you asked her about the refinance? Is she willing to refinance the mortgage in her name?

Miller

Like | Dislike | Share | Posted: Fri, 02/05/2016 - 00:09 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Divorce papers drawn up in Cass County, Missouri and in the seperation agreement I was awarded the house but it must be on thw market to be sold and profits split, with ex to pay half of the taxes and upkeep until house was sold (this has not happened for two years. The divorce decree states I have sole possession of the home and then several paragraph later states the home being the marital home must be sold, with ex paying half of taxes and upkeep. Several months after the divorce was final my ex wanted to purchase a house with his fiance and signed a quit claims deed. He is now still demanding the house be on the market and sold or I pay him $5,000. There is no equity in the home as we refinance right before the divorce to clear all credit debt. No one can seem to tell me if the quit claims deed releases him of all right, profit and /or debt of this house. I can't refinance because he has had a repossession on the marital vehicle he was awarded in divorce. Help - he has ruined my credit and does not pay anything. It seems he does not have to follow any of the legal papers he has signed and he destroys my credit and then still wants the house sold and half the profit. He could not purchase the new house without the quit claims deed, so he went to the court house and filed one. This seem to work for him because he got the new home. Where does this leave me?

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miller_st's picture
miller_st | Joined: January 17, 2007 04:47 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

If you have taken proper steps to get the house sold and even then a buyer cannot be found then it is not your fault. The divorce judgment does not mention anything about the time within which the house must be sold. So your ex cannot force you with anything.

You are not required to pay him any money just because he demands it($5000). Legally he has no rights to demand any money from you. He will only get a share from the profit after the house gets sold.

Miller

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Divorced 2000
Ex lives in house.
Recently found out ex plans on selling the house.
Nothing in decree about selling. Do I have any rights

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brian1's picture
brian1 | Joined: June 14, 2008 05:14 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

You will need to look at the divorxe agreement to see what rights you have?
The house had to be in there?

Brian

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

can they be reverse after having the 2 houses notoized & documented at the county

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi mabel,

Welcome to forums.

You can reverse the deed only if the person to whom you've quitclaimed agrees to transfer the properties back to you. Know more...

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My soon to be ex. is planning to retire in a few months.
should I file for divorce before or after he retires?

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Samantha's picture
Samantha | Joined: September 16, 2005 11:59 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Jill,

I'm not sure as to whether it really matters if one files divorce before or after retirement. But there may be legal implications which I feel you should better discuss with an attorney.

May god bless you.

samantha

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Divorced in Illinois in 2009. Decree names Wife as sole occupant of marital home, responsible for upkeep and maintenance. Husband to pay mortgage in leiu of alimony and child support. House must remain on the market until sold.

Major repair: furnace is 20+ yrs old, needs replacement. House can't sell as-is. Wife can't afford replacement. Is Husband obligated to contribute to purchase of new furnace, since condition of furnace was known prior to divorce, and sale of house is contigent on it's replacement? Or is Wife responsible for it solely, as named occupant?

Or is this something that the two of them should just agree to split the bill on, for the sake of the house and safety of the child?

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi

Ideally, I think. it's the wife who needs to contibute for the puprchase of the new furnace as she is responsible for the upkeep and maintenance. However, if the two of them agree to contribute equally to its cost, that would no doubt be good for sake of ht ehouse and safety of the child.

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