Posted on: 16th Nov, 2009 09:11 am
I just sign a guit claim to my ex wife . does this mien that if she stay in the home can I still get my half if she whant to keep the propety, or if we have to sell can I get my half. the mortgage is in both our name she makes the payments, I gave the down payment.
Hi jsoto,
If you had signed the quit claim deed and transferred the property solely to your ex-wife, then you won't be able to claim the property as your own anymore. You will not be able to claim anything from the sale proceeds if she sells off the property. However, if you are one of the co-owners of the property, i.e., if your name is mentioned as a grantee to the property, then you can claim your share from the sale proceeds. Your ex-wife will have to take your permission before selling off the property.
If you had signed the quit claim deed and transferred the property solely to your ex-wife, then you won't be able to claim the property as your own anymore. You will not be able to claim anything from the sale proceeds if she sells off the property. However, if you are one of the co-owners of the property, i.e., if your name is mentioned as a grantee to the property, then you can claim your share from the sale proceeds. Your ex-wife will have to take your permission before selling off the property.