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Company Loan Type APR Est. Pmt.

Quit Claim/payoff. My husband and I are separated.

Posted on: 22nd Jan, 2008 10:26 pm
he signed a quit claim and i refinanced the house. at the time i refinanced, i gave him a sum which we both agreed was equitable (but not equal), as we wanted our children to stay in the same house and i couldn't qualify to refinance for a larger loan. since that time the proceedings have turned ugly, and he is threatening to go after more money from the house. can he do this?
Welcome barbara,

I didn't understand why you had to pay cash to your brother if you were not able to qualify for the larger loan. Did you buy him out for his part of the equity?

What he's doing now isn't a legally correct. I think you need to contact a lawyer and settle the issue or else he'll might keep on asking for more.
Posted on: 22nd Jan, 2008 10:54 pm
If you gave hime money and he signed a quitclaim deed, you have purchased the house free and clear. Outside a divorce, he has no rights to the house. However, a divorce settlement has larger issues besides the house. Contact a family law attorney right away.
Posted on: 23rd Jan, 2008 08:07 am
Hi Barbara,

Once your husband has signed a quitclaim deed he has no rights in that property. You have paid him for his share of the property when he has signed the quitclaim deed. You have bought him out. I think he can't come after you now for more money because he has no rights in the property.

Now I would like to ask have you notarized and recorded the deed in the county recorder office? Otherwise it will not be considered a valid deed.

Feel free to ask if you have any further questions.

Best of luck,
Larry
Posted on: 23rd Jan, 2008 11:42 am
i am trying to do a refi and have my soon to be ex-spouse sign a quit claim deed, since we are not divorced yet what other paper will my ex-spouse have to sign to i can refi in my name only and get him off of everything.
Posted on: 20th Apr, 2009 10:58 am
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