Posted on: 22nd Apr, 2007 07:47 am
hello,
i have been divorced since 1995. my ex husband remained in the home after the divorce which we owned togther. i had spoken to hein on several ocassionas about selling the home and moving on, but he either nerver followed through or simply stated tht now was not a good time to sell. about three years ago he insisted that he wanted to refinance the house. he insisted that i sign this quick claim deed. i was going through a really emotional period with another partner and was not my usual self and i was in arigourous graduate school program. my mental status was strained at best. i was noy savy at all and had no proir knowledge of this process and how it would affect me. my ex stated that this was the only way he would be able to get a lower interest rate and we need to move very quickly to handle this matter. he also insisted that due to previous loans and other related mortgage matters that there was no equity in the home so i would not get any where near the valued profit of the house if we sold it on the markert. i hade only a few days of warning. i recall saying to him;i will only agree to this if you do not turn around and try to sell the house in the next few years/ make a hugh profit and i not be able to benefit from the prpfited resources. this i did make clear to him amd he denied that he had type of plan to try to deceive me in such a way. i had also made it clear to him that i wanted our son to have the property as a start in life. inthe past my ex has been a reasonable person and so i trsuted that ti matter would hanlded similarly. well needless to say, he has remarried and the house in now on the market. i feel i am entitled to a portion of the profit from the sale. please advise.
i have been divorced since 1995. my ex husband remained in the home after the divorce which we owned togther. i had spoken to hein on several ocassionas about selling the home and moving on, but he either nerver followed through or simply stated tht now was not a good time to sell. about three years ago he insisted that he wanted to refinance the house. he insisted that i sign this quick claim deed. i was going through a really emotional period with another partner and was not my usual self and i was in arigourous graduate school program. my mental status was strained at best. i was noy savy at all and had no proir knowledge of this process and how it would affect me. my ex stated that this was the only way he would be able to get a lower interest rate and we need to move very quickly to handle this matter. he also insisted that due to previous loans and other related mortgage matters that there was no equity in the home so i would not get any where near the valued profit of the house if we sold it on the markert. i hade only a few days of warning. i recall saying to him;i will only agree to this if you do not turn around and try to sell the house in the next few years/ make a hugh profit and i not be able to benefit from the prpfited resources. this i did make clear to him amd he denied that he had type of plan to try to deceive me in such a way. i had also made it clear to him that i wanted our son to have the property as a start in life. inthe past my ex has been a reasonable person and so i trsuted that ti matter would hanlded similarly. well needless to say, he has remarried and the house in now on the market. i feel i am entitled to a portion of the profit from the sale. please advise.
Welcome Guest,
I must say that your ex-husband has given you a false reasoning as to why he needs you to sign the quitclaim deed. He has taken advantage of your stained mental situation. Perhaps he wanted to take your name off the title so that he could refinance at a lower rate. But he should have clearly stated that to you. By the way, did you make any written arrangement with him stating that he will not sell the house in the next few years? If yes, then you still have a chance to get your interest in the property.
You can ask your ex-husband to quitclaim your interest back to you. But before doing it, consult an attorney as he will be able to help you with the legal aspects of the process.
Thanks
I must say that your ex-husband has given you a false reasoning as to why he needs you to sign the quitclaim deed. He has taken advantage of your stained mental situation. Perhaps he wanted to take your name off the title so that he could refinance at a lower rate. But he should have clearly stated that to you. By the way, did you make any written arrangement with him stating that he will not sell the house in the next few years? If yes, then you still have a chance to get your interest in the property.
You can ask your ex-husband to quitclaim your interest back to you. But before doing it, consult an attorney as he will be able to help you with the legal aspects of the process.
Thanks
Guest,
I understand it has been a tough time for you but do not lose hope. Better days do come, take the entire situation as a testing time in your life. I hope that you are much better now healthwise.
Coming to your query, if you have signed a quitclaim deed, you need to find out why you signed it – whether you wanted to give up your share of interest in the property is what you need finding.
I suppose you have a copy of the deed. Just check what is written there. If indeed you have signed the deed for the purpose of giving up your interest to your husband, you cannot claim any share of the sale proceeds. This may be the sad part of the story but then this is what the whole situation would legally turn out to be.
Hope this helps...
God bless you.
Samantha
I understand it has been a tough time for you but do not lose hope. Better days do come, take the entire situation as a testing time in your life. I hope that you are much better now healthwise.
Coming to your query, if you have signed a quitclaim deed, you need to find out why you signed it – whether you wanted to give up your share of interest in the property is what you need finding.
I suppose you have a copy of the deed. Just check what is written there. If indeed you have signed the deed for the purpose of giving up your interest to your husband, you cannot claim any share of the sale proceeds. This may be the sad part of the story but then this is what the whole situation would legally turn out to be.
Hope this helps...
God bless you.
Samantha
"Well needless to say, he has remarried and the house in now on the market. I feel I am entitled to a portion of the profit from the sale. Please advise.'
The mistake you did was to quit claim your interest over to your ex. Quite sadly, now he is the sole owner and can sell the house and keep all the profit that he makes.
Colin
The mistake you did was to quit claim your interest over to your ex. Quite sadly, now he is the sole owner and can sell the house and keep all the profit that he makes.
Colin
"I recall saying to him;I will only agree to this if you do not turn around and try to sell the house in the next few years/ make a hugh profit and I not be able to benefit from the prpfited resources. This I did make clear to him amd he denied that he had type of plan to try to deceive me in such a way. I had also made it clear to him that I wanted our son to have the property as a start in life."
Did you keep any written proof of his consent that he will not try to deceive you. If you have any written agreement or a recorded conversation then it would have be possible to file a lawsuit against him. But if was just a verbal consent from him and have no proof of it then you do not have any legal scope of stopping the sale.
D. E. Burrows
Did you keep any written proof of his consent that he will not try to deceive you. If you have any written agreement or a recorded conversation then it would have be possible to file a lawsuit against him. But if was just a verbal consent from him and have no proof of it then you do not have any legal scope of stopping the sale.
D. E. Burrows