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Quit Claim

Posted on: 10th Apr, 2008 03:05 pm
My wife and I own a house together, both are on Title. 3 months ago I signed a quit claim to her. we are seperated, and now she says she is going to get the sheriff to come and remove me from property.
Is this leagal?
Since you gave her title, you also gave possession, absent some other written agreement. However, before the sheriff will come, she will need to file an Unlawful Detainer (eviction) court action against you, receive a judgment, and obtain a Writ of Possession. Then the sheriff will come out and remove you from the property.
Posted on: 10th Apr, 2008 03:16 pm
But we are still on title. thought i only gave her the right to sell not evict me.
Also I had been 10 years sober and when things fell apart I got drunk, stupid thig to do yes but done.
I was suicidal, depressed, detoxing, and she kept harping this quit claim. Hassled me daily, " how are going to do this to your kids? " "This is going to help us both", ect. ect. felt like I had no choice.
Do I have ANY options to get out of this?

David Vasquez
Posted on: 10th Apr, 2008 04:55 pm
Hi David,

Welcome back,

I have given answer to your query at http://www.mortgagefit.com/quitclaim/sell-evict.html#49035

Have a look at it.

Feel free to ask if you have any further questions.

Best of luck,
Larry
Posted on: 10th Apr, 2008 10:35 pm
A quitclaim deed means you give up any title you may have had to a property. You have given up title to the property, which means you have no right to possession, absent some other written agreement.

Sorry, your ex-wife is right on this one.
Posted on: 11th Apr, 2008 07:39 am
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