Posted on: 11th Sep, 2006 10:49 am
My ex signed a quitclaim deed to my home in 2005, in 2006 my two children moved in with him. I now want to sell the house and he wants part of the sale to go to the kids for child support, being that I do not have a job right now. Does he have any rights to such a sale of the house?
Hi,
I think the child support decision is made at the time of divorce by the court.
I think the child support decision is made at the time of divorce by the court.
Hi,
If at the time of divorce no child support order was obtained, your ex-husband would have to open a child support case after which the court will decide upon the child support that you will have to pay as the non-custodial parent.
I do not think that the share of the proceeds from the sale of the house will have to be provided to your ex as part of child support, why I am saying this is that the amount you will have to pay will be fixed by the court, apart from that any other income can not be claimed for child support.
One more thing, as you have said that the house was quit claimed to you, its your house now and you can keep the proceeds with you, as long as you are able to pay the fixed child support amount.
James
If at the time of divorce no child support order was obtained, your ex-husband would have to open a child support case after which the court will decide upon the child support that you will have to pay as the non-custodial parent.
I do not think that the share of the proceeds from the sale of the house will have to be provided to your ex as part of child support, why I am saying this is that the amount you will have to pay will be fixed by the court, apart from that any other income can not be claimed for child support.
One more thing, as you have said that the house was quit claimed to you, its your house now and you can keep the proceeds with you, as long as you are able to pay the fixed child support amount.
James
That's right james, if the divorce decree does not mention anything on child support, I don't think one can be responsible for it.
hi guest,
that's the problem with a quit claim deed. on one hand, it helps a person to transfer his rights on the property to someone else and on the other, it does not give the guarantee that the grantor actually has any interest in it. it just lets you know that there is a transfer of interest to someone.
since your husband has quit claimed the property to you, he should neither have any rights on it nor on the sale. and, you can keep all the sale proceeds. but the deed being a quit claim, he can very well claim any share of the sale proceeds, though he should not be getting it legally.
in case, you come across any trouble regarding any interference from your husband, do consult an attorney for further course of action.
thanks,
caron.
that's the problem with a quit claim deed. on one hand, it helps a person to transfer his rights on the property to someone else and on the other, it does not give the guarantee that the grantor actually has any interest in it. it just lets you know that there is a transfer of interest to someone.
since your husband has quit claimed the property to you, he should neither have any rights on it nor on the sale. and, you can keep all the sale proceeds. but the deed being a quit claim, he can very well claim any share of the sale proceeds, though he should not be getting it legally.
in case, you come across any trouble regarding any interference from your husband, do consult an attorney for further course of action.
thanks,
caron.
thanks guys, made me feel a little better now. i am going to talk with an atty tomorrow, will let you know what he told me.
Sure, always welcome for any kind of advice that can help you come out of difficult situations.