Posted on: 21st Dec, 2008 01:44 pm
my husband and i divorced on august 11th of this year. he got the house but was to refinance within 90 days and give my part of the money. well we are past 90 days, he has no job, still no refinance and no money. now he is taking me to court to sign a quit claim deed. can a judge make me sign this since the orginal contract the judge signed said he had to refinance. also if i was to sign this quit claim deed does this even release my name from the morgage papers. he is 2 payments past due and on his way to forclosure. can i ask the judge to make him sell the property? we go to court on jan 16... i need some answers and can not afford a lawyer.
please help
please help
Hi Heather Cherry!
Welcome to forums!
I don't think anyone can force you to sign the quitclaim. Moreover,as far as I know, as the property was given to him during the divorce settlement, there is no need for you to sign a quitclaim deed. You must have deeded the property to him during that time. As your ex-husband does not have a job, I don't think any lender will be ready to refinance the loan in his name.
Signing a quitclaim deed will never release you from the mortgage liabilities. If the mortgage payments are not done of time, it will affect your credit as well. A foreclosure will also ruin your credit. Yes, I think you will be able to ask the judge to sell off the property and pay off the mortgage dues. But it would have been better if you can appoint a lawyer to represent you at the court.
Feel free to ask if you have further queries.
Sussane
Welcome to forums!
I don't think anyone can force you to sign the quitclaim. Moreover,as far as I know, as the property was given to him during the divorce settlement, there is no need for you to sign a quitclaim deed. You must have deeded the property to him during that time. As your ex-husband does not have a job, I don't think any lender will be ready to refinance the loan in his name.
Signing a quitclaim deed will never release you from the mortgage liabilities. If the mortgage payments are not done of time, it will affect your credit as well. A foreclosure will also ruin your credit. Yes, I think you will be able to ask the judge to sell off the property and pay off the mortgage dues. But it would have been better if you can appoint a lawyer to represent you at the court.
Feel free to ask if you have further queries.
Sussane