Posted on: 06th Aug, 2009 08:19 pm
Upon our divorce I quitclaimed (my purpose for my children) the family home to my ex-wife. The Loan was in my name only with the deed bearing both our names. We had a verbal agreement that she would re-finance and make timely payments until she re-financed it. The divorce decree only states that she gets the home and holds me harmless. Well its been 8 months now, she has been repeatedly late, missed a payment, and let the insurance drop. I warned her my loan was coming up for renewal (ballon note) in 2 mos.. I advised her she had to get her own financing. She failed to get financing and attempted to sell but couldn't find a buyer. On the day my balloon note was due she quitclaimed the house back to me. We discussed her renting the house if she paid the late fees and interest the bank required and signed an agreement to stay timely on payments or she would be evicted. Before I re-financed she said on several occassions that she didn't have the money. As a result I had to pay the late fees, taxes and re-finance to keep the house going into foreclosure. I served her an eviction and she is now claiming fraud that I stated that I would sell the house back when she got her credit straitened out. Which she asked when I recorded the Quitclaim and I told her "no". She claims now with her families assistance that she can finance the house and if I don't Quitclaim it back to her she will hire an attorney. I feel that I have gone as far as I need too and plan to move into the home that I own and recently re-financed, I also believe that I will get my children soon (they are at the age to make that decission) and have expressed so. Do I have legal problems with my ownership of the house?
Presently, the property is in your name and no one can force you to quitclaim it. It is your right to decide whether or not you would quitclaim the property to your ex-spouse. I guess she doesn't have a written agreement stating that you would quitclaim the property to her when her credit improves. In such a case, if she consults an attorney, it won't be of much help. I would also suggest you to consult an attorney in this regard.