![]() The house is currently up for sale and my ex is trying to make me put some money from the sale into an account for our 2 children but I need the money to buy a new home. ![]() My ex was ordered to make mortgage payments as child support. The deed is now in both my name and my present husband's name. Q: Does my spouse have any say in what I do with the profits if I got the home? You will not get any profits since the property was not awarded to you. If it is not you, then you are required by law to sign a quitclaim deed. Whoever was awarded this property is the one who can profit from it. By signing this document, does this mean that I will get nothing from the house when he sells? Is there anything I can do to make sure that I am not getting a fair deal in this situation?Ī: The court has the power to award a property to whomsoever they deem fit. My ex is in the process of selling the home and asked me to sign a quitclaim Deed to transfer all my rights, title, and interest to him. In our divorce, my ex was awarded the family home and assumes all debt, including the mortgage and agrees to hold me harmless. Q: Would I be entitled to any profits after signing a quit claim deed? If both spouses do not agree on the settlement of assets and debts, then the court will decide on an equitable division. How do I go about getting my spouse's name off of the deed to the house?Ī: If both spouses agree to the terms of a divorce settlement, a quitclaim deed is the fastest, easiest and least expensive way to remove your spouse's name from the deed to the property. My Father is getting a reverse mortgage on his home, to get a lump sum, to pay-off my mortgage in full. We own a home together and both our names are on the deed itself and the mortgage. My spouse just stated that he wants a divorce. Q: When do I get my spouses' name off the house deed and mortgage? The portion of the property that each of you would get depends upon state law and on other evidence presented to the court regarding your financial situation. How would the judge decide to divide the equity in my home if I were to divorce?Ī: Any property that was purchased during marriage is considered community or marital property. I have always been the main provider for the family, but am worried that in the divorce settlement he will be able to sue for half of the equity in my house. ![]() My spouse quit claimed the house to me in order to get it mortgaged since he was not employed at the time. Q: Is my spouse entitled to any equity if he quit claimed the home to me? This can only mean that you have the sole responsibility of paying the mortgage and yet he co-owns the house with you. What can I do?Ī: It is unusual to have both your names both on the deed and yet only your name on the mortgage. The mortgage for our house was originated in my name only to get a better interest rate, but both our names are listed on the deed. Q: When do I get my spouse's name off the deed and mortgage? You are still responsible to pay for all the joint debts regardless of the division of property during your divorce. It has no effect on the debts or loan obligations of both husband and wife. Am I still liable for this debt, or did the quitclaim deed release my responsibility?Ī: A quitclaim deeds affects only how the property is titled. My ex has failed to meet his financial obligations and the mortgage company is pursuing me. ![]() We held equity loans on two separate properties and during our divorce, each property was signed off to its respective owner using a quitclaim deed. Q: Will a quitclaim deed release me from the mortgage obligation? A quitclaim deeds affects only how the property is titled. ![]()
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