Posted on: 26th Aug, 2008 02:35 pm
i signed a quit claim deed to my spouse three years ago. he refinanced the home, but now an attorney has sent a letter saying i need to make good on my obligation of upkeep on the marital home. he is seeking all back mortgage payments (i had paid until the refi and quit claim signing), all upkeep on the home, etc. i think it was his hope i would sign off on the house, he would sell, make a profit and keep that profit. now 3 years later, the house has not sold and he is seeking a large amount of money. the judgement of divorce says the marital home is joint property, which is was at the time. but the quit claim, which was signed later (i think) would change that. does that mean as of the time that i signed the quit claim deed i no longer owned the house?
can i be required to pay?
can i be required to pay?
Hi rrrothwell,
Welcome to forums.
Once you signed the quitclaim deed, you no longer own the home. Moreover, your spouse has already refinanced the mortgage. I don't think he is justified in asking you to pay. You're not required to pay for the loan. I think it's better if you consult your attorney now because the letter has been sent by an attorney. So, you'll have to see on what legal grounds is he asking you to pay. Also, find out if he has recorded the quitclaim deed. If the deed hasn't been recorded, then you still own property as the former becomes invalid if not recorded at the right time.
Thanks
Welcome to forums.
Once you signed the quitclaim deed, you no longer own the home. Moreover, your spouse has already refinanced the mortgage. I don't think he is justified in asking you to pay. You're not required to pay for the loan. I think it's better if you consult your attorney now because the letter has been sent by an attorney. So, you'll have to see on what legal grounds is he asking you to pay. Also, find out if he has recorded the quitclaim deed. If the deed hasn't been recorded, then you still own property as the former becomes invalid if not recorded at the right time.
Thanks
It has been recorded with the Register of Deeds. Is that the correct place of record?
Thanks so much!!
Thanks so much!!
Hi Rochelle,
Welcome to the forums.
The Registrar of deeds is the right place to get your deed recorded.
Take Care
Welcome to the forums.
The Registrar of deeds is the right place to get your deed recorded.
Take Care
you stated that there are past-due payments owed. it appears we don't have the entire story in front of us, and any comments we provide may not apply.
was your mortgage current at the time of your transfer of title? are they looking for payments post-transfer or prior to the transfer. this is critical information.
was your mortgage current at the time of your transfer of title? are they looking for payments post-transfer or prior to the transfer. this is critical information.
