Cheating Hurt by Infidelity
Betrayal Wayward Donations lying
Welcome

Forums

Guidelines

Find a Local Counselor

The Healing Library

Media

Contact Us
lies
cover
In Association with Amazon.com
Support
Infidelity -
-
like us on facebook
You are not logged in. Login here or register.
[Register]
Newest Member: raindrops1420 (44897)

Divorce/Separation Post Reply     Print Topic    
User Topic: Edit Deed: getting him off deed/refi? anyone?
TheAgonyOfIt
♀ Member
Member # 39114
Default  Posted: 4:12 PM, December 29th (Sunday), 2013View ProfileEdit MessagePrivate MessageHomepage

hi. i realize this is a question for professionals but during this holiday week I thought someone out there might know. its driving me nuts.

a friend is convinced that i can pay him off and make him go away by getting him to sign over the house to me via an edit deed.

However, when i briefly approached the subject before, it appeared that i would have to refinance.

I have a home based business, and even though i pay 95% of the bills, I cannot "on paper" afford the house. It's screwy but that's the system.

Anyway, does anyone know if i can make him go away via an edit deed WITHOUT a refinance?

IF only life were easier. Sigh.


Me BS 49, ExWS: narcissist! Jekyll Hyde. Left in secret early July, moved states. Now homeless but getting it together. Necessary but difficult(!) transition! Sad sad sad but hopeful.

Posts: 554 | Registered: Apr 2013 | From: theagonyofit
monarchwings
♀ Member
Member # 39891
Default  Posted: 4:32 PM, December 29th (Sunday), 2013View ProfileEdit MessagePrivate MessageHomepage

You have to be awarded the house in your decree and then get him to sign a special warranty deed. I think you have to give him a letter of assignment or something. Perhaps someone can elaborate more on this topic. He will still be on the mortgage, but has no ownership to the title or proceeds if/when you sell.

Posts: 95 | Registered: Jul 2013
homewrecked2011
♀ Member
Member # 34678
Default  Posted: 4:33 PM, December 29th (Sunday), 2013View ProfileEdit MessagePrivate MessageHomepage

I can tell you what happened for me:

My atty said if I went to trial on my D the judge would give me xxxx amount of time to refi.

However, instead of going to a trial, we settled out of court. What XWH agreed to is that I NEVER have to refinance the house if he can claim one child on his taxes. It also states that he would quitclaim the house to me - we should have had those documents ready at the final hearing however, because now he is waking up. He doesn't want to sign the deed over to me because he is on the loan. He also cannot get approved for a home loan because he is still on this loan with me.

So, long story short, your atty will prob need to work out some deal so that you can keep the home without refinancing.


me BS 52
him - 46
married 15 years DIVORCED 10 31 12
children - ds15 ds12
d-day 12-19-11
I gave a 24hour ultimatum then went to attorney next day
Divorce filed

Posts: 2111 | Registered: Jan 2012
crisp
♂ Member
Member # 34236
Default  Posted: 4:38 PM, December 29th (Sunday), 2013View ProfileEdit MessagePrivate MessageHomepage

Need more info. Where are you in the D process? Many times it is accomplished by recording the divorce decree that establishes your ownership in the property. It depends on the state for recording protocol.

If the D is finished and you are still co-owners, you must work with him or file a lawsuit asking for something called "partition." That is when co-owners can't agree and you ask for court intervention to sell, buy or divide co-owned property as is appropriate.


Endeavor to persevere. https://www.youtube.com/watch?v=csEzTwKemwY

Posts: 382 | Registered: Dec 2011 | From: NE US
Williesmom
♀ Member
Member # 22870
Default  Posted: 4:43 PM, December 29th (Sunday), 2013View ProfileEdit MessagePrivate MessageHomepage

My wxh agreed to be removed from the deed in the separation agreement.

I had my attorney draw up a new deed and record it. I then worked with my mortgage company to amend my mortgage so that he was removed.

You can always remove him from the deed, but not the mortgage- that way he has no ownership of the house, nut he is still liable for the mortgage.

Good luck.


You can stuff your sorries in a sack, mister. -George Costanza
There is a special place in hell for women who don't help other women. - Madeleine Albright

Posts: 7638 | Registered: Feb 2009 | From: Western PA
Kajem
♀ Member
Member # 36134
Default  Posted: 4:48 PM, December 29th (Sunday), 2013View ProfileEdit MessagePrivate MessageHomepage

XH signed a quit claim deed as part of hour divorce. I had 2 years to buy him out at price $$A , if I refinanced after 2years the buyout amount went up.

All of this was in our divorce. Till I was in a position to buy him out and refinance he was still on the mortgage but not on the deed.

Hugs,
K


I trust you is a better compliment than I love you, because you may not trust the person you love, but you can always love the person you trust. - Unknown
Relationships are like sharing a book, it doesn't work if you're not on the same page.

Posts: 5062 | Registered: Jul 2012 | From: Florida
Phoenix1
♀ Member
Member # 38928
Default  Posted: 4:57 PM, December 29th (Sunday), 2013View ProfileEdit MessagePrivate MessageHomepage

XPOS signed a Quit Claim, I filed it with the Recorder's Office, and he was officially off the deed and has no rights to the house. This was before our D even became final, but it was also stated in the settlement that I get the marital home outright. However, he is still on the mortgage and cannot be removed until I refinance. Our settlement states that it will remain that way until such time that I am able to refinance in my own name with the same or better interest rate (no time frame). I am in no hurry to refi since I don't have to, but he will never be able to qualify for his own home while he is locked into our mortgage (poor baby!).


BS - Me
XPOS - too many OW/OCs over 20+yrs
Kids - DDs 22,17 -DS20 Deceased
M Dissolved 2013

This above all: to thine own self be true, and it must follow, as the night the day, thou canst not then be false to any man ~ Shakespeare, Hamlet


Posts: 1086 | Registered: Apr 2013 | From: Rising out of Hell's ashes!
TheAgonyOfIt
♀ Member
Member # 39114
Default  Posted: 5:02 PM, December 29th (Sunday), 2013View ProfileEdit MessagePrivate MessageHomepage

thank you thank you thank you everyone

Okay first we are not married.
so there is no divorce
one blessing that i have in this!!!
(still it's a bitch and we've been together 14 years which is considered in law to be a long term "marriage!) (or is it 15 years, no matter!)

we jointly own the house, i believe it's tenants in common but he's paid 18 months of mortgage and i've paid 49 months of mortgage so i'm HOPING some sort of FAIR compensation can be arranged. Plus all bills, maintenance etc etc etc ETC.

I actually want to sell the house this spring, BUT I want him OUT this month. I want him to GO AWAY.

If i can give him some money, just a little because the son of a bitch has raped me financially (and i let him, dumbass me) and he goes away, then i can LEISURELY deal with the house on my own.

There is NO danger of him being on the mortgage because he knows i would NEVER default.

((One more thing: I don't know if tenants in common supercedes EVERYTHING else but if i brought my case before a judge, I have tons of evidence to show my financial contribution to back up a fair distribution of house sale profits if he keeps owning it until sale. But I'm NOT adversarial and DO NOT want court and I just want him gone gone gone. Gone.)

THANK YOU>>>>>> i am desperate to call attorney but I'm waiting until after New Year!!! I wonder how many new year's resolutions including "dumping the chump" and attorney's get busy on January 1st?


Me BS 49, ExWS: narcissist! Jekyll Hyde. Left in secret early July, moved states. Now homeless but getting it together. Necessary but difficult(!) transition! Sad sad sad but hopeful.

Posts: 554 | Registered: Apr 2013 | From: theagonyofit
hurting2much
♀ Member
Member # 25643
Default  Posted: 5:20 PM, December 29th (Sunday), 2013View ProfileEdit MessagePrivate MessageHomepage

My XH didn't want the house. He signed a quit claim deed, but in order to get him off the house title, I had to refinance; I was told there was no other way. You can always call the bank, they will know how to get a person off the title.


Divorced

Posts: 1103 | Registered: Sep 2009
crisp
♂ Member
Member # 34236
Default  Posted: 6:29 PM, December 29th (Sunday), 2013View ProfileEdit MessagePrivate MessageHomepage

Based on your update/info, you have 3 options:

1- Negotiate something with him that results in him signing over the house or allows you to sell it.

2- Keep doing what you are doing now until it becomes untenable to you.

3- If all else fails, go to court with a partition lawsuit. These types of lawsuits are not very common and I suggest you learn as much about them as possible before you interview lawyers. I doubt very much that you will find a lawyer who has done one.


Endeavor to persevere. https://www.youtube.com/watch?v=csEzTwKemwY

Posts: 382 | Registered: Dec 2011 | From: NE US
Lola7
♀ Member
Member # 41195
Default  Posted: 6:39 PM, December 29th (Sunday), 2013View ProfileEdit MessagePrivate MessageHomepage

My idiot quit claimed the house to me, and he is exclusively on the mortgage. Not too bright of him to be sure, but like I said, he's an idiot.

Anyway, in our divorce docs, he said he will agree to let me carry the mortgage for 4 years and then I will refinance. I'm not going to screw him over because I'm not like that.

This way, I can keep the house, and he's not going to have to worry about carrying a mortgage while he's renting. It's all in the divorce agreement.

[This message edited by Lola7 at 6:52 PM, December 29th (Sunday)]


caelitus mihi vires
"My strength is from heaven"
DIVORCED!

Posts: 211 | Registered: Nov 2013
sparklezombie
♀ Member
Member # 40095
Default  Posted: 6:59 PM, December 29th (Sunday), 2013View ProfileEdit MessagePrivate MessageHomepage

Deeds and mortgages are separate. So he can sign over the title to the house to you, but he'll stay on the mortgage until you refinance. But if you can't refi right away, I'd still get his name off the title. Call a real estate or estate planning attorney (or even your divorce atty). Deeds don't cost much and are quick to prepare.


BS: Me
WH: Husband
One daughter - 22 months
Married 11.5 years
2.5 false R's.
Status: Divorcing.
You can't pick up a turd by the clean end. Time to flush the toilet.

Posts: 250 | Registered: Jul 2013 | From: Somewhere on the Eastern Seaboard
wonderpets
♂ Member
Member # 35901
Default  Posted: 9:39 PM, December 29th (Sunday), 2013View ProfileEdit MessagePrivate MessageHomepage

I'm on the other side. My XWW is still in the home. There is no way I am doing a quit claim deed unless I am off the mortgage.

Posts: 203 | Registered: Jun 2012
TheAgonyOfIt
♀ Member
Member # 39114
Default  Posted: 11:29 PM, December 29th (Sunday), 2013View ProfileEdit MessagePrivate MessageHomepage

Thanks so much all!!!!,

I feel better just having this info. Like I have possibly choices.

And to wonderpets, darn right in your case. I wouldn't do it either but he's protected by my hyper financial responsiblilty. still i wouldn't do it in your case. Good luck!!!!

Ty ty ty


Me BS 49, ExWS: narcissist! Jekyll Hyde. Left in secret early July, moved states. Now homeless but getting it together. Necessary but difficult(!) transition! Sad sad sad but hopeful.

Posts: 554 | Registered: Apr 2013 | From: theagonyofit
Topic Posts: 14

Return to Forum: Divorce/Separation Post Reply to this Topic
adultry
Go to :
madness  
© 2002 - 2014 SurvivingInfidelity.com. All Rights Reserved.