Posted on: 10th Apr, 2007 02:01 pm
i am at my wits end and praying you can offer advice since everyone else seems confused. while still married to my ex-husband, we thought he was going to be involved in a lawsuit. at that time, we signed a quit claim deed over to his parents in order to keep the home from being taken. this meant the financing/mortgage was still in mine and my ex-husband's name, while the deed was in the in-laws name. since this time, a divorce has occured and after a lengthy nasty court battle, i was awarded the home but with the stipulation that it be sold. i recently sold the home just for the pay-off amount, nothing else gained. now the ex-inlaws are refusing to sign a quit claim back over to either myself or the new owners. so i am left with someone (my boss!) who has paid $60k for a home that i cannot get her the deed for. any advice or suggestions???
thanks!
thanks!
Craftin,
Few points I am confused about are:
You were awarded the house in divorce but you have quit claimed to in-laws..
and how you sold the house, where house title was in their name..
If we start by assuming that your boss has given you the money as advance payment for the value of the house and he expects to get the title transferred over to him within a short while then you will have to somehow convince your ex-inlaws to quit claim the home back in your name or to your boss.
There is no other way that you can get the house back from them as the home now belongs to them. But I am not clear how the home was given to you in divorce which was only in in-laws name.
Miller
Few points I am confused about are:
You were awarded the house in divorce but you have quit claimed to in-laws..
and how you sold the house, where house title was in their name..
If we start by assuming that your boss has given you the money as advance payment for the value of the house and he expects to get the title transferred over to him within a short while then you will have to somehow convince your ex-inlaws to quit claim the home back in your name or to your boss.
There is no other way that you can get the house back from them as the home now belongs to them. But I am not clear how the home was given to you in divorce which was only in in-laws name.
Miller
"Since this time, a divorce has occured and after a lengthy nasty court battle, I was awarded the home but with the stipulation that it be sold."
Did your husband only quit claim his share in his parents name or both of you quit claimed total property interest in their name?
Did your husband only quit claim his share in his parents name or both of you quit claimed total property interest in their name?
Thanks for the quick response! Let me see if I can answer your questions.
The house was awarded to me in the divorce because my ex could not re-finance it to remove my name from it. The quit claim was done several years before that and pretty much forgotten. Now we are divorced and they ex-inlaws refuse to release the claim.
I am not smart on the real estate stuff so do not know the difference between a title & deed, if any. When my boss was wiring the money for the pay-off to the mortgage company, they told me that they would be mailing the title to me. however, according to our clerk of superior court, the deed is in the name of the ex-inlaws.
We both signed the quit claim over to his parents in 1998.
I am sooooo confused!
The house was awarded to me in the divorce because my ex could not re-finance it to remove my name from it. The quit claim was done several years before that and pretty much forgotten. Now we are divorced and they ex-inlaws refuse to release the claim.
I am not smart on the real estate stuff so do not know the difference between a title & deed, if any. When my boss was wiring the money for the pay-off to the mortgage company, they told me that they would be mailing the title to me. however, according to our clerk of superior court, the deed is in the name of the ex-inlaws.
We both signed the quit claim over to his parents in 1998.
I am sooooo confused!
Welcome Craftin.
What I personally feel is that your in-laws should sign over a quit claim deed to you or directly to the new owner as they have bought the house. Otherwise, the new owners may take you to court as they have already paid and aren't able to get their names on the title. And, you really cannot stop them as they have the legal right to do.
It's your good luck that someone came forward to help you. But then you are answerable to the new owners. So, at this point of time, you have no other option but to take some legal action against the ex-inlaws or may be tell them that you will be forced to take legal steps, so that they co-operate with you. Or else, you will have to consult an attorney for a definite solution to this issue.
Thanks.
What I personally feel is that your in-laws should sign over a quit claim deed to you or directly to the new owner as they have bought the house. Otherwise, the new owners may take you to court as they have already paid and aren't able to get their names on the title. And, you really cannot stop them as they have the legal right to do.
It's your good luck that someone came forward to help you. But then you are answerable to the new owners. So, at this point of time, you have no other option but to take some legal action against the ex-inlaws or may be tell them that you will be forced to take legal steps, so that they co-operate with you. Or else, you will have to consult an attorney for a definite solution to this issue.
Thanks.
"however, according to our clerk of superior court, the deed is in the name of the ex-inlaws."
What clerk of superior court said is correct, after both of you quit claimed the house to your husband's in-laws it became their property.
You cannot get the property through divorce judgment as it was already quit claimed in 1998. The court was not made aware that property is not in your names and the judgment to award the house to you was made on the basis that both of you still hold the title.
Legally it is owned now by in-laws of your ex husband, and you have to do something to convince them to give it back to you. But I am not sure why they will agree to do that..
Do let me know if you still have any confusion.
Thanks
Blue
What clerk of superior court said is correct, after both of you quit claimed the house to your husband's in-laws it became their property.
You cannot get the property through divorce judgment as it was already quit claimed in 1998. The court was not made aware that property is not in your names and the judgment to award the house to you was made on the basis that both of you still hold the title.
Legally it is owned now by in-laws of your ex husband, and you have to do something to convince them to give it back to you. But I am not sure why they will agree to do that..
Do let me know if you still have any confusion.
Thanks
Blue