Posted on: 11th Feb, 2009 01:33 pm
Hi, I am recently divorced. In the months prior to my divorce I deeded my husband on my loan - he was to take over the house and refi the loan into his name. He stopped making payments and the home is now going into foreclosure- Now he's living there for free. Do I have any leagal rights? Can I somehow get him out if this house? I can't afford to live there, but I thought I might be able to clean it up and try selling it.
hi renee,
what i understand from the situation is that you quitclaimed your interest in the property to your husband and asked him to refinance the loan in his name. but he didn't do that and stopped making payments which is why the property is going to be foreclosed. right?
well in that case it's really difficult to reverse the deed and you cannot force him out of the house as legally he's the owner now. this is why it's always suggested before you quitclaim to someone, get a legal document signed by him stating that he/she would refinance as soon as the property is quitclaimed.
however, if you can prove that you signed the deed under false pretence or pressure, the deed can be reversed.
what i understand from the situation is that you quitclaimed your interest in the property to your husband and asked him to refinance the loan in his name. but he didn't do that and stopped making payments which is why the property is going to be foreclosed. right?
well in that case it's really difficult to reverse the deed and you cannot force him out of the house as legally he's the owner now. this is why it's always suggested before you quitclaim to someone, get a legal document signed by him stating that he/she would refinance as soon as the property is quitclaimed.
however, if you can prove that you signed the deed under false pretence or pressure, the deed can be reversed.