Posted on: 03rd Jun, 2010 04:01 am
I need to know if there is a way to get back a quit claim that I gave my ex. As part of our divorce agreement and alimony, I had to make the house payment for 4 years and sign a quit claim to her. Now that 4 years is over, she had to either but the home or sell it. She cant buy it and has put the home up for sale at a price that nobody will touch as to not sell it so she can still live there for free. Is ther any way I can go through the courts to get the quit claim back? I can't even do a deed in lieu of forclosure unless I do get it back. Otherwise I will have to let it go into forclosure, and I am willing to do that if I have no other choice even though I know the bad results that will happen when I do this. HELP!
You will have to ask your ex to sign a quit claim deed back to you. Once she does so, you will become the owner of the property. Then, you can apply for a deed in lieu of foreclosure in order to get rid of it.
Scott, I don't get why you would have any method by which to allow the home to go to foreclosure. If you are no longer an owner, then you aren't in control of that (or are you still making payments?).
The odds are pretty slim that your former spouse is going to be willing to put you back on title. Why would she? Would you do it in the same circumstance?
And if the 4 years have elapsed, why would you continue to make payments on a mortgage loan that is no longer your obligation? If you cease payments, she's got no choice but to act on that account.
The odds are pretty slim that your former spouse is going to be willing to put you back on title. Why would she? Would you do it in the same circumstance?
And if the 4 years have elapsed, why would you continue to make payments on a mortgage loan that is no longer your obligation? If you cease payments, she's got no choice but to act on that account.
George, I failed to mention that the loan is in my name and not hers.
Well then, by ceasing payments on the loan, you can force a foreclosure, I guess. By the same token, I don't know why any former spouse would put someone who did such a thing back on title. It's a pretty nasty thing to do to someone and wouldn't warrant a favor in return...is that what your thoughts were?
go back to divorce court and get an order to sell the house at a reasonable price.
