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Quitclaim Deed

Posted on: 31st Mar, 2008 11:24 am
me and my domestic partner of 12 years have broken up. we have owned a house together for the past 7 years. i left the home in nov of 2007. i am no longer paying my half of the mortgage. she is living there with her new partner and refuses to sell the home and give me my half of the monies. i was informed to get my name off the deed she would need to refinance the home and put it in her name. at this point she can not afford to do that so we are at a standstill. i asked for a buyout figure and said i would sign a quitclaim deed so that i would no longer be responsible for anything to do with the home. is this a good idea?
yes TLP, I feel your lawyer is correct in saying so. You should give her some time to sell off the property and 2 weeks will be ok I think, certainly not more than that. And then if she doesn't, then you guys can take on and file the partition lawsuit.

Good luck
Posted on: 17th Jun, 2008 04:12 am
Just wanted to let everyone know that has given me advice that I went to NJ and had to threaten her in person that she was either to come with me to a realtor or I was going to my attorney's office to sign the lawsuit. My attorney is in NJ. I gave her till the next day since it was a Sunday when I spoke to her. She called me at 6am Monday morning and said let's go to a realtor. My cousin is a realtor with Exit Realty so I called her up and made an appointment for that afternoon. We all met up that afternoon and the contract was signed. The sign was put up a few days later, the house has been shown a few times but no bits yet and my cousin keeps me informed of everything now that I am back in VA. All I can do now is hope for a quick sale and for the price we are asking. Thanks for all of the good advice and I am happy that I didn't have to go with the Partion Lawsuite. Now I hope she doesn't try to fight me for any monies when the house is sold and two checks are cut for half each. That will be another issue.
Posted on: 23rd Jul, 2008 12:28 pm
Hi TLP,

Welcome back.

Good to hear that finally you have a=made an agreement and you don't need to go for the Partition lawsuit. Hope the property will be sold soon and you can divide the sale proceeds accordingly.

Best of luck,
Larry
Posted on: 24th Jul, 2008 02:03 am
Here we go again. Since my last message informing everyone the sign is now up and the house is for sale, I now have another issue that I knew was going to happen. The realtor we went with is my cousin. She has been calling me to inform me that she has been trying to contact my ex to show the house but my ex will not return any of her calls. My ex did allow a few showings in the begining but now I guess she is getting nervouse because she still does not have a job and has no where to go since her new partner does not work either and still lives between her parents house and mine and my ex's home. Which I still hate that I can not do anything about that. My cousin went to the house yesterday and my ex was not home. She also noticed that the For Sale sign is gone as well. Is there anything I can do legally about this. I know the Patition Lawsale would force the sale of the home but what can I do to get her to show it and not keep taking the sign down? The next thing is she will not make the house presentable for the showings my not cutting the grass or cleaning up the inside. I am now getting scared about forclosur because my cousin informed me that the mortgage was two months behind and my ex had to pay a fee to roll it back into the premeium. My name is on this house and I do not want to be stuck with a bill for a house I don't have if it goes to forclosure and I do not want my credit to be damaged. Please give me some advice.
Posted on: 15th Aug, 2008 07:01 am
Welcome back TLP.

You have been waiting for quite a while now and your ex has not sold the property yet. So I feel that the best thing would be filing the Partition Lawsuit as everyone else has suggested you above. Otherwise the lender may foreclose and your credit will be damaged.

Hope it helps. Ask the community if you have any more questions.
Posted on: 16th Aug, 2008 02:23 am
Partition Lawsuit will force the sale of the house but that is not the issue anymore. The house is up for sale but she will not make it avail to show and she keeps taking down the sign even though she says she isn't the one taking it down. What can I do to force her to keep up on the house and yard, to show it and not take the sign down?
Posted on: 18th Aug, 2008 06:05 am
Hello TLP.

As the co-owner of the property you have also the right to sell the property. Have you tried to sell the property or contacted any real estate agent? I know the market is now down and it is hard to find a buyer. By the way can you buy her out?
Posted on: 18th Aug, 2008 06:19 am
The house is up for sale after numerouse threats of a Partition Lawsuit. We have a realtor but she will not answer the realtors calls to setup showings. I moved to Virginia when all this happened. The house is in New Jersey. I can not afford to buy her out nor do I even want the house. I just want out of this mortgage and my share of the equity.
Posted on: 18th Aug, 2008 08:58 am
Welcome Tlp.

I don't understand why she isn't willing to talk to the realtor. If she doesn't turn up, selling the house won't be possible. The realtor would simply break the deal. And did you inform the lender that you're trying to sell the home? What i feel is, talk to your ex again and convince her to co-operate with the realtor and negotiate with her regarding her share of profit, if any from the sale.

Since she doesn't have a job right now, getting a share of profit would perhaps make her agree to what you're saying.

Thanks.
Posted on: 19th Aug, 2008 02:50 am
The problem is she is not going to have a place to live once the house is sold. I think that is why she is giving such a hard time. It took over a year to get her to agree to sell the house and that is only because I threatened the Partition Lawsuite. Her new girlfriend is younger then her, also does not have a job and still lives with her parents when she is not staying at the house with my ex. I did call the realtor yesterday and she put another sign up and did talk to my ex about showing the house. The people did not reschedual yet so now I have to wait and see what happens next time it is to be shown. My ex is lucky that I left the house and she can live there. I had to move out of the state to get away from it all, leave my job, get a new one and get my own place to live let alone pay for it all on my own. I did all of that and I am doing well. I think my ex is very jeolouse of that. She caused all this when she cheated on me and now she is going to end up loseing it all for this new love afair. All I want is to get out of this contract with the mortgage before she messes up my credit. She is just being stubborn and not looking at the big picture. I have tried to talk to her but she just does not want to hear it. She thinks she has all the answers and with her girlfriend feeding her head with things, that isn't helping either. They think they are living large right now by not working, having a nice house to live in and making a big party out of all this. When I went to the house in July to put it up for sale I saw bottles everywhere so it looks like they party a lot. She didn't know I was going to be going over there so it was not cleaned up. It was sad to see my house like that after working so hard for so many years to have it. When I left, I didn't even take anything.
Posted on: 19th Aug, 2008 05:57 am
Hi TLP,

I understand how you feel right now. Possibly your ex isn't getting a new home and that's the reason perhaps she's not co-operating with you. If at all she doesn't help you in the sale, you may have to take some legal action because how long would you wait for her to co-operate with you and make the sale fast.

Thanks.
Posted on: 21st Aug, 2008 01:15 am
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