Posted on: 15th Dec, 2010 12:02 pm
Hello everyone, great forum and informatin. I have an issue with my ex and her house, that I gave her through our divorce which was final 9/2009. The back-story: I probably went through one of the longest divorces in history, almost 8 years. From the beginning and through temp orders, I gave her rights and sole use to our house. Also included in the temp orders were any increase value, through improvements or other, would be hers. About 4 years ago (middle of our divorce) she wanted to refi the house in her name only. Since I was always going to give her the house, I was okay with this. She was able to do that but through the advice of my attorney (right or wrong) I kept my name on the deed. I am not on the mortage.
Fast forward to today, I find out that she is behind on her mortgage and has defaulted on new carpet she had installed after our divorce as well as not paying her lawan service. In short, since I'm on the deed, I'm being sued along with her for the carpet and back lawn service.
I know I should have immediately filed a quit claim but didn't. I know I have to deal with the 2 small claims against me but can I file a quit claim now to avoid any further complications?
Thanks in advance for any advice/info.
Fast forward to today, I find out that she is behind on her mortgage and has defaulted on new carpet she had installed after our divorce as well as not paying her lawan service. In short, since I'm on the deed, I'm being sued along with her for the carpet and back lawn service.
I know I should have immediately filed a quit claim but didn't. I know I have to deal with the 2 small claims against me but can I file a quit claim now to avoid any further complications?
Thanks in advance for any advice/info.
Hi jpaul!
Welcome to forums!
If there is an ongoing lawsuit against you, then it's better to not file a quitclaim deed now. You should let the lawsuits get completed and then file the quitclaim deed. If no case is filed against you, then you can sign a quitclaim deed and transfer the property to your ex-spouse.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
If there is an ongoing lawsuit against you, then it's better to not file a quitclaim deed now. You should let the lawsuits get completed and then file the quitclaim deed. If no case is filed against you, then you can sign a quitclaim deed and transfer the property to your ex-spouse.
Feel free to ask if you've further queries.
Sussane