Ok so i am divorcing my husband of 3 years. We bought a house about a year ago. I want to keep the house. He doesnt. I dont have a divorce lawyer because he took all our money and i have been working to make ends meet. He has a lawyer. So Nyways. I want the house. When we first discussed divorce he agreed to a quit claim deed. Since i cant buy his half and we would take a big loss if we tried to sell it. But now his lawyer just ignores me when i try to bring up the quit claim. Our mortgage is the same as we were paying for rent...about 760 a month. And we have so much more space than an apt for the same prics. I do NOT want to move. Am i completely loony in thinking a quit.claim is applicable?
Edit: the mortgage and title are in both our names!!!
You will have to have a quit claim and refinance the mortgage. Both can be done without an attorney.
Sorry. You need to hire a lawyer. go to the courts and ask for their help. You might be able to get one pro-bono.
A quit-claim deed does NOT remove him from the mortgage. you will NEED TO REFINANCE the home in YOUR NAME ONLY to get him off the mortgage and the deed.
Did you EVER file charges against him?
Did you get on base and let the JAG know what was going on?
He is still responsible for child support. DO NOT let yourself get walked all over. Get a lawyer.
contact the mortgage company. You need to refi in your name only and you may or may not qualify on your own. then if you do, you can quit claim it as part of the process of the refi, you just have to have your soon to be ex sign for it. good luck.
All a quit claim deed does is change the title of the house to your name. His name will still be on the mortgage until you refinance or sell the house. So if you default on the mortgage payments the mortgage company can still come after him and it will reflect on his credit report. You don't need a lawyer to prepare a QC deed it's quite easy, you both must sign it in front of a notary, then you take it to your recorders office to have it recorded, it will cost no more than $50.
His lawyer is just advising him as to what is best for him. He should not quit claim a deed and still be on the mortgage. If you cannot refinance or buy his share, then his attorney will strongly advise that he insist on selling especially if he plans on buying (or possibly even renting) a house in the near future.
I think you are a bit off base if you think your husband will sign the quit claim while still being held responsible for the mortgage. Would you do the same for him? I can guarantee, if you had an attorney, he or she would advise against it.
WOW a $760 mortgage, sounds like a dream. Can you consult free legal servcies? It's not fair that he has a lawyer and you don't have one to protect your interest.
If you do a quit claim, would you need to refinance based on your income alone since he would no longer be on the mortgage or held liable? I've always wondered about that. Does anyone know the answer?
You said it, "his lawyer". Of course the lawyer will ignore you. You aren't his/her client, your husband is. A quit deed does not take him off the mortgage. Have you made arrangements to refinance the house into your name alone? If you are unable to do that, then it should be sold.
Personally, if it were me and my soon to be ex couldn't refinance the house, I would insist on selling it because I would not want to be responsible should they default. His attorney is doing his job for HIS client. You need to get an attorney to protect yourself! His attorney isn't going to protect you.
Please find a lawyer or work with a mediator. Many lawyers will put you on a payment plan.
If you cannt afford to buy him out, then he's going to expect some kind of financial compensation which is probably why his lawyer is ignoring you. Of course it's applicable, but your husband would be essentially giving you the home (rather substantial asset) with no expectation of compensation.
Only a lawyer can really help you here. You don't want to do this incorrectly or end up owing him a ton of cash OR not receiving any kind of support if you are entitled to some.
You cannot get his name off the mortgage without re-financing into your name only.
You can file a Quit Claim Deed on your own. I have one that I had an attorney write up for me and would be happy to send you a copy. PM me.
Call your Chancery Clerk's office, where deeds and mortgages are filed, they should be able to tell you what the filing is. In my state it was only $12. And you don't need an attorney to do it.
If he is agreeable to doing the Quit Claim, I don't know why his attorney needs to be involved. It is a document you two can do together, then just tell his attorney about.
Now, the mortgage - he will be legally responsible for it regardless of whether he Quit Claims the home to you or not as the Deed and the mortgage are two separate things. Which is probably why his attorney is balking at the Quit Claim. It leaves his client with the obligation of mortgage but absolutely no claim to the property - you could dispose of the property at any time, and he has no say so. Which I think it pretty cool - hence, why I just went this route with my Ex.
Also, on a side note, look into legal clinics in your area and see if any do pro-bono work for divorces, etc.
The lawyer is probably ignoring you because he doesn't feel that this is in his client's best interests. The quit claim will get his name off the Deed, but it won't take his name off the mortgage thus he would still be legally responsible for mortgage payments on a property he has no ownership interest in. It's really not in his best interests. I think you're going to have to work with the attorney to come up with something equitable.
He can quit claim himself off the deed of trust-it will override the current deed-so that you will be the sole owner of the home-(when it's paid for)-but you are still both responsible for the note/debt-if you are able to carry the payment on your own-and he Quitclaims his interest to you-when the loan is paid in full- you will own a home-best of luck!
It's possible his attorney advised him to the contrary. My parents quit claim to their house and it was done through a notary public. It is also possible that is something the attorney does not want to take part it, as it benefits only you and you are not his client. Try consulting a realtor (with real expertise not just in sales) Also there maybe a consumer advocate in your area that you can call or email questions. Good luck and hope the rest of your divorce goes smoothly.
Once you hire an attorney they will handle that between them. If you choose to not hire an attorney to protect your interests then you will likely get screwed.
The judges usually only listen to the attorneys and discount anything that a person tries to say on their own.
One thing you might try to find out about is mediation. This is often a way for families to work out their issues before they actually go to court. They have an agreement on the table when they enter the court room.
I would find out what the cost is, have them send his attorney the request to do this, and see if they agree. You may have to pay for it out of pocket though. You are going to have to find the money somehow for this anyway. They do not make anyone pay the attorney fees anymore. Each person is on their own.
