Posted on: 17th Oct, 2006 05:40 pm
Hi,
we have a house with my husband (bought 3 years ago) and now we're goin through a separation (have lived separate for a year). About 6 months ago my husband told me he is refinancing the house because of a lower interest rate he got and would I come to the bank to sign the documents. I came to bank, didn't read the document, signed it, the bank notary never explaned what we signed. After a week I saw the document in the old house and read it and realized I had signed a quitclaims deed and signed the house over to my husband. Now he is refusing to even consider giving me any part of the equity in the house while going through our separation. Is my only way to get what's mine through a lawyer? Is there any other way?
we have a house with my husband (bought 3 years ago) and now we're goin through a separation (have lived separate for a year). About 6 months ago my husband told me he is refinancing the house because of a lower interest rate he got and would I come to the bank to sign the documents. I came to bank, didn't read the document, signed it, the bank notary never explaned what we signed. After a week I saw the document in the old house and read it and realized I had signed a quitclaims deed and signed the house over to my husband. Now he is refusing to even consider giving me any part of the equity in the house while going through our separation. Is my only way to get what's mine through a lawyer? Is there any other way?
Hi,
At the time of separation you have the legal right to get part share of the house as per the community property law as the house was purchased after your marriage and it has become part of the community property.
Thanks
At the time of separation you have the legal right to get part share of the house as per the community property law as the house was purchased after your marriage and it has become part of the community property.
Thanks
hi manibr,
if both of you go through a divorce, then the property may be divided on the basis of what the court states through the divorce decree. as per the divorce laws in the united states, there are some states like arizona, idaho, nevada, texas, washington etc which are community property states. this implies that property owned by either spouse before marriage and income produced through it are separate property. hence, property accumulated during marriage is to be divided equally. all other states (including the district of columbia) use some kind of equitable distribution, meaning the property division has to be fair and should be equitable but not always equal.
however, it will be a good thing to consult a lawyer regarding your issue. this is because it seems that your husband may not reverse or cancel the quit claim deed and give back your share of property.
thanks,
caron.
if both of you go through a divorce, then the property may be divided on the basis of what the court states through the divorce decree. as per the divorce laws in the united states, there are some states like arizona, idaho, nevada, texas, washington etc which are community property states. this implies that property owned by either spouse before marriage and income produced through it are separate property. hence, property accumulated during marriage is to be divided equally. all other states (including the district of columbia) use some kind of equitable distribution, meaning the property division has to be fair and should be equitable but not always equal.
however, it will be a good thing to consult a lawyer regarding your issue. this is because it seems that your husband may not reverse or cancel the quit claim deed and give back your share of property.
thanks,
caron.
would like to know if I can have my x-wife name removed from the deed of my house, for she will sign and have her name tooken off
OP first I am sorry to hear you are in a mess - please note the notary is there to witness your signature NOT to tell you what you are signing. That is your responsibility. You will likely have to get a court order to get anything.
Dan she would in my opinion be foolish to quit claim to you if her name is on the mortgage she would owe and have no ownership. Refi her off and have her sign then.
That way she is not on any mortgage either
B
Dan she would in my opinion be foolish to quit claim to you if her name is on the mortgage she would owe and have no ownership. Refi her off and have her sign then.
That way she is not on any mortgage either
B
