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Ive been divorced 1 year, separated 4. Purchased home with husband 6 yrs ago. Did not do marriage settlement nor mention home on decree, but I now want his name removed from deed/mortgage due to vindictive behavior. Found out I'm seeing someone so he completely refused to sign off so he can be certain no other person comes into the home that he "once lived in", and it will entitle him legal access to house whenever he "feels like it". I was advised by a real estate agent to have him sign a quit claim deed, send it to mortgage company & have new deed drawn up. I am employed, he is not, so he has agreed to do so only if I forfeit pursuing child support (which I never have). It was my last option and hope to get his name off!!! Anyone have advice whether this is correct direction or if anything further is needed
You need to see an attorney or somehow do a marriage settlement. When I divorced, we clearly had it in our judgment who gets what and what to do with the houses.
This won't be easy and I doubt he can just come over there when he feels like it. I suggest you change the locks.
you probably have to somehow or other reopen the divorce proceeding as it is a marital asset...
but if so, then at least this time you can do all that properly along with the child support squabble too.
Is he employable or just ducking getting a job because he doesn't have to pay you child support with a job. Is it possible that you would make more than him anyway if he was working? In California it is the person that makes the most that pays the most. Then again it also depends on how much time each parent spends with the kids. If you haven't recieved any child support as of yet is their a chance that you ever will get child support? Maybe that is not even an issue for you. If that is the case then giveup the support and get the house.
Is the mortgage signed by both of you? I mean mortgage papers, not the deed?
I am only guessing, but here is what I will try to do:
If he is not paying mortgage, and you are paying it all alone after the divorce, my guess is you can require him for paying his part of the mortgage. You can ask the mortgage company to split the bill and give you a notice if the bill was not paid. You can pay it yourself then, but you will have the record of his not paying the mortgage which he is legally obliged to do, if he is also a borrower. because technically you are not responsible for paying his bills anymore. If he refuses, then you can take him to court and with a claim that his name should be removed from the deed, because the deed was contingent on you both paying mortgage.
You are discussing a legal matter (children, support, divorce) with a real estate agent. Do you discuss your real estate issues with your doctor? Good grief! No wonder you are in a fix.
First, if you are divorced, regardless whose name is on the deed to the property, someone who does not live there cannot just come onto the property at will. Even if you were a rentor, the LL could not just come over on a whim. You really need to discuss this with your divorce attorney. If you did not have one, and there are children involved, then you are incredibly foolish. But I guess taking legal advice on a divorce matter from a non-attorney shows that inclination.
I am not an attorney and I would not presume to offer you legal advice. I have provided you with information - GET AN ATTORNEY!
Contact your state/county Bar Association Lawyer Referral Program for a low-cost initial consultation.
Good luck.
BTW, I think realtors are often good people. I in no way intended to besmirch the profession when I chastised OP for consulting a realtor on a legal matter.
OK - maybe I need to clarify. First of all, we bought the home together. Secondly, I don't need his child support and he's ducking it, so I bartered just to get his signature on the quit claim deed. He only has my word that I will not pursue him while unemployed, so I think it's a great deal. I just want him off of the deed - he is not on the loan but I can't refinance until he signs off on deed. My inquiry was whether the quit claim will do the job, but it looks like I need to get back in touch with my attorney as he prepared the divorce only; no settlement.
You need your attorney. First of all, it is against public policy to contract away child support. Such an agreement or contract will be unenforceable. Secondly, if he will not sign over his interest in the property to you - after the court has awarded the property to you - you will need to institute an action to quiet title. In the event he is ordered to execute a deed to you and fails to do so, the court will have the authority to order/issue a new deed with only you as grantee and have it recorded without his signature. The court order will act in lieu of his signature. You will need to have your attorney advise you as how best to proceed, as he will have all of the relevant facts/documents.
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