Posted on: 29th Mar, 2010 09:30 pm
in a divorce, the wife's name is on the deed of a second home. the ex husband wants the ex wife to sign a quitclaim and deed it over to him. the divorce decree said that the $40,000 equity in the house should be split in 3 years or whenever the house is sold. so he owes her $20,000 which is all the house would get because the mortgage has not been paid and it is under forclosure. if she signs a quitclaim, then she would get nothing? right?
he is also not paying child support and has quit paying alimony. she needs the money!
the home she is in now is up for sale--the mortgage has not been paid for several months. she will lose the house. there is a second mortgage on it so there is no equity in it. her name is also on this deed.
what should the ex wife do?
he is also not paying child support and has quit paying alimony. she needs the money!
the home she is in now is up for sale--the mortgage has not been paid for several months. she will lose the house. there is a second mortgage on it so there is no equity in it. her name is also on this deed.
what should the ex wife do?
Hi Guest!
Welcome to forums!
If the ex-wife signs a quit claim deed and transfers the property to the owner, then she won't be considered as the owner of the property anymore. Thus, the ex-husband may not be ready to pay off the equity to the wife anymore. However, as the divorce decree mentions about the division of equity, I don't think the ex-husband will be able to refuse the equity payments.
If the child support payments and alimony payments are mentioned in the divorce decree, then he is liable for the payments. If he is not paying the dues, then the ex-wife can take legal actions against him.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
If the ex-wife signs a quit claim deed and transfers the property to the owner, then she won't be considered as the owner of the property anymore. Thus, the ex-husband may not be ready to pay off the equity to the wife anymore. However, as the divorce decree mentions about the division of equity, I don't think the ex-husband will be able to refuse the equity payments.
If the child support payments and alimony payments are mentioned in the divorce decree, then he is liable for the payments. If he is not paying the dues, then the ex-wife can take legal actions against him.
Feel free to ask if you've further queries.
Sussane
it doesn't appear to me that either party is going to benefit from any transfers of title, nor sale, nor (obviously) if there's a foreclosure. and if there is no equity to divide to begin with, then half of that amount (zero) is still zero.
