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Posted: 10/1/2014 12:21:28 PM EDT
[#1]
Quoted:
I was awarded the house in the divorce. Is she on the deed? If so, does the decree state anything about her doing a quit-claim deed of her interest in the house over to you? Is there a mortgage, and if so, are you both responsible for it? |
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Posted: 10/1/2014 12:33:02 PM EDT
[#2]
divorce=final
Have your lawyer review your divorce documents, or actually read them yourself. |
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Posted: 10/1/2014 12:39:38 PM EDT
[#3]
Quote HistoryQuoted:
Is she on the deed? If so, does the decree state anything about her doing a quit-claim deed of her interest in the house over to you? Is there a mortgage, and if so, are you both responsible for it? Quote HistoryQuoted:
Quoted:
I was awarded the house in the divorce. Is she on the deed? If so, does the decree state anything about her doing a quit-claim deed of her interest in the house over to you? Is there a mortgage, and if so, are you both responsible for it? We refinanced in 2011. She was asked to sign a waiver saying she had no claim to the house to simplify the process as she had no income and her credit was poor. I don't know what that was called but she remembers that she has no claim to the house. If I ask her to sign and quit-claim deed, she will assume she has claim to it and that will open a can of worms I dont want to deal with. There is a mortgage. I am solely responsible for it. |
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Posted: 10/1/2014 2:01:08 PM EDT
[#4]
There is a mortgage. I am solely responsible for it. That would mean her name is not associated with the property. If the statement is completely true, she would have no claim to any profit from sale. "divorce=final" I say this, because these are the exact words from a lawyer in a very similar matter. |
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Posted: 10/1/2014 2:18:28 PM EDT
[#5]
Quote HistoryQuoted:
That would mean her name is not associated with the property. If the statement is completely true, she would have no claim to any profit from sale. "divorce=final" I say this, because these are the exact words from a lawyer in a very similar matter. Quote HistoryQuoted:
There is a mortgage. I am solely responsible for it. That would mean her name is not associated with the property. If the statement is completely true, she would have no claim to any profit from sale. "divorce=final" I say this, because these are the exact words from a lawyer in a very similar matter. I was under the same assumption. But I was informed by a community property lawyer in CA that community property laws differ from state to state and it is possible she could try to get some of the money even though the divorce is done. I was hoping for advice specific to WA because that is where the divorce was filed. |
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Posted: 10/1/2014 2:52:09 PM EDT
[#6]
Quote HistoryQuoted:
We refinanced in 2011. She was asked to sign a waiver saying she had no claim to the house to simplify the process as she had no income and her credit was poor. I don't know what that was called but she remembers that she has no claim to the house. If I ask her to sign and quit-claim deed, she will assume she has claim to it and that will open a can of worms I dont want to deal with. There is a mortgage. I am solely responsible for it. Looks like she already signed a quit-claim deed as part of the refi. IANA lawyer but I would think that between that and your divorce decree, she would have an uphill battle to try to claim a portion of the proceeds from the sale of the house. |
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Posted: 10/1/2014 2:58:43 PM EDT
[#7]
Quote HistoryQuoted:
Looks like she already signed a quit-claim deed as part of the refi. IANA lawyer but I would think that between that and your divorce decree, she would have an uphill battle to try to claim a portion of the proceeds from the sale of the house. Quote HistoryQuoted:
Quoted:
We refinanced in 2011. She was asked to sign a waiver saying she had no claim to the house to simplify the process as she had no income and her credit was poor. I don't know what that was called but she remembers that she has no claim to the house. If I ask her to sign and quit-claim deed, she will assume she has claim to it and that will open a can of worms I dont want to deal with. There is a mortgage. I am solely responsible for it. Looks like she already signed a quit-claim deed as part of the refi. IANA lawyer but I would think that between that and your divorce decree, she would have an uphill battle to try to claim a portion of the proceeds from the sale of the house. That is my thoughts on the matter, I just want to be certain before I attempt to straighten myself out financially and have her ruin it by dragging me to court or making me pay her a portion under threat of legal action. |
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Posted: 10/1/2014 6:24:28 PM EDT
[#8]
Quote HistoryQuoted:
Looks like she already signed a quit-claim deed as part of the refi. IANA lawyer but I would think that between that and your divorce decree, she would have an uphill battle to try to claim a portion of the proceeds from the sale of the house. Quote HistoryQuoted:
Quoted:
We refinanced in 2011. She was asked to sign a waiver saying she had no claim to the house to simplify the process as she had no income and her credit was poor. I don't know what that was called but she remembers that she has no claim to the house. If I ask her to sign and quit-claim deed, she will assume she has claim to it and that will open a can of worms I dont want to deal with. There is a mortgage. I am solely responsible for it. Looks like she already signed a quit-claim deed as part of the refi. IANA lawyer but I would think that between that and your divorce decree, she would have an uphill battle to try to claim a portion of the proceeds from the sale of the house. Different states, different laws, but here is my take: Even with the quit-claim deed/waiver, there was still some community property that developed as the equity in the home built during the marriage. However, the divorce decree should take care of any community property issues, i.e. the judge awarded the community property in the house to you. The only holdup then would be if her name was on the mortgage, but it isn't because of the waiver. So you should be good to go. |
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Posted: 10/1/2014 6:38:14 PM EDT
[#9]
The percentage or sum she was owed from the sale of property would have been part of the divorce decree.
It's damn hard to get more money after a divorce decree is issued unless it can be proved you hid assets that should have been included. Been there, done that, judge laughed at her and her lawyer and told her to get out of his courtroom, I never had to say a word. |
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Posted: 10/1/2014 6:41:28 PM EDT
[#10]
Quote HistoryQuoted:
The percentage or sum she was owed from the sale of property would have been part of the divorce decree. It's damn hard to get more money after a divorce decree is issued unless it can be proved you hid assets that should have been included. Been there, done that, judge laughed at her and her lawyer and told her to get out of his courtroom, I never had to say a word. That would be nice. But it would still entail her dragging me to court. I want to have something on paper that says she has no claim. Looks like I am going to be digging through paperwork this weekend. |
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Posted: 10/1/2014 6:54:06 PM EDT
[#11]
Name not on deed or mortgage paperwork, divorce decree issued that doesn't award any financial consideration from the sale of said property to her. Why the hell would you open a can of worms up asking or telling her anything about the sale of the property in the first place, much less asking her to sign a quit claim for something she has no claim on. Asking her to sign a quit claim implies she has some kind of financial gain from the sale of the house and you really don't want to memorialize that on paper.
Talk to a lawyer, bring your divorce degree with you along with your mortgage paperwork, spend a few bucks and don't say a damn word to your ex without first asking your lawyer if it's OK to do so. |
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Posted: 10/1/2014 8:22:17 PM EDT
[#12]
Quote HistoryQuoted:
Name not on deed or mortgage paperwork, divorce decree issued that doesn't award any financial consideration from the sale of said property to her. Why the hell would you open a can of worms up asking or telling her anything about the sale of the property in the first place, much less asking her to sign a quit claim for something she has no claim on. Asking her to sign a quit claim implies she has some kind of financial gain from the sale of the house and you really don't want to memorialize that on paper. Talk to a lawyer, bring your divorce degree with you along with your mortgage paperwork, spend a few bucks and don't say a damn word to your ex without first asking your lawyer if it's OK to do so. Quote HistoryQuoted:
Name not on deed or mortgage paperwork, divorce decree issued that doesn't award any financial consideration from the sale of said property to her. Why the hell would you open a can of worms up asking or telling her anything about the sale of the property in the first place, much less asking her to sign a quit claim for something she has no claim on. Asking her to sign a quit claim implies she has some kind of financial gain from the sale of the house and you really don't want to memorialize that on paper. Talk to a lawyer, bring your divorce degree with you along with your mortgage paperwork, spend a few bucks and don't say a damn word to your ex without first asking your lawyer if it's OK to do so. don't say a damn word to your ex without first asking your lawyer if it's OK to do so. This is one of the things you pay an attorney to do. |
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Posted: 10/1/2014 10:23:55 PM EDT
[#13]
Quote HistoryQuoted:
Name not on deed or mortgage paperwork, divorce decree issued that doesn't award any financial consideration from the sale of said property to her. Why the hell would you open a can of worms up asking or telling her anything about the sale of the property in the first place, much less asking her to sign a quit claim for something she has no claim on. Asking her to sign a quit claim implies she has some kind of financial gain from the sale of the house and you really don't want to memorialize that on paper. Talk to a lawyer, bring your divorce degree with you along with your mortgage paperwork, spend a few bucks and don't say a damn word to your ex without first asking your lawyer if it's OK to do so. I will be going through paperwork with my mom this weekend, she is a 3rd year law student. Her professor is the one who advised talking to a lawyer in WA. It's not easy over the phone. I will update when I know more. I would sell the home and not tell her, but her friend lives 2 doors down from my house. She will know within minutes of the house going up for sale. |
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Posted: 10/2/2014 12:17:12 AM EDT
[#14]
Your question is confusing because the property settlement in the divorce should have addressed this. You say that it did, but act like it didn't.
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Posted: 10/10/2014 1:05:45 AM EDT
[#15]
Who is on the loan and deed?
That will be who the check is issued to, correct? |
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Posted: 10/10/2014 12:56:58 PM EDT
[#16]
Quote HistoryQuoted:
Your question is confusing because the property settlement in the divorce should have addressed this. You say that it did, but act like it didn't. OP is basing his question on a conversation he had with an attorney in CA who likely didn't read his divorce case file. Personally I'd just sell the danged house. Even if there's no way the ex could conceivably win a lawsuit based on what's in the deed and the divorce decree, there's nothing stopping her from filing it, assuming she finds a willing attorney. |
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Posted: 10/10/2014 1:01:24 PM EDT
[#17]
I appreciate the comments. I still don't have a definitive answer but I will not be selling the house just yet. The market is not there yet.
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Posted: 10/10/2014 9:23:04 PM EDT
[#18]
Quote HistoryQuoted:
OP is basing his question on a conversation he had with an attorney in CA who likely didn't read his divorce case file. Personally I'd just sell the danged house. Even if there's no way the ex could conceivably win a lawsuit based on what's in the deed and the divorce decree, there's nothing stopping her from filing it, assuming she finds a willing attorney. Quote HistoryQuoted:
Quoted:
Your question is confusing because the property settlement in the divorce should have addressed this. You say that it did, but act like it didn't. OP is basing his question on a conversation he had with an attorney in CA who likely didn't read his divorce case file. Personally I'd just sell the danged house. Even if there's no way the ex could conceivably win a lawsuit based on what's in the deed and the divorce decree, there's nothing stopping her from filing it, assuming she finds a willing attorney. Well said, Bubbles. |
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Posted: 10/10/2014 9:35:13 PM EDT
[#19]
Quoted:
I want to sell a house that is in california that I own. I was married when I bought the house. I was awarded the house in the divorce. The divorce was final august 18th 2014. We were divorced in Washington State and my ex currently resides there. So I assume that washington community property laws apply. I have searched online and only come up with questionable information that mostly applies to who gets property in a divorce. Not about liquidation of the assets after. Can my ex come back and try to get some of the profits from the sale? |
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Posted: 10/19/2014 7:30:26 PM EDT
[#20]
Did you divorce decree explicitly state that you get the house? If so you may be able to get the court to order her to file a quitclaim.
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