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WV Real Estate lawyers..deed question
3/14/2012 2:49:49 PM
After a divorce, how does one go about getting the 'other' occupant off the recorded deed?
Property refinanced entirely in my name, divorce decree filed and valid, what steps need to be taken to remove said 'ex' from said 'deed'? Costs involved? (ballpark?)
I tried doing it with wet ink on a decree, but the guy just laughed and pointed towards the lawyers office...again...didn't feel like going back in there right away. Now it's come up , and...well...needs done.
Not something I figured I'd need to take care of, (if I'd die, I leave her with the house/lien
) but completely cleaning out/up the past seems to be the order of the day.
So, hopefully more replies than the post hole digger....please?
Property refinanced entirely in my name, divorce decree filed and valid, what steps need to be taken to remove said 'ex' from said 'deed'? Costs involved? (ballpark?)
I tried doing it with wet ink on a decree, but the guy just laughed and pointed towards the lawyers office...again...didn't feel like going back in there right away. Now it's come up , and...well...needs done.
Not something I figured I'd need to take care of, (if I'd die, I leave her with the house/lien
) but completely cleaning out/up the past seems to be the order of the day.
So, hopefully more replies than the post hole digger....please?
3/14/2012 4:50:41 PM
While waiting on an expert, I will take a shot. I am thinking you will just file a quitclaim deed at the courthouse. Should be pretty inexpensive in the scheme of things.
http://www.quitclaimdeed.com/quit-claim-deed-information-article.htm?articleid=758384668&content=Quitclaim%20Deed%20and%20Divorce%20Proceedings%20%E2%80%93%20Disadvantages%20Involved
Every divorce procedure entails the involvement of a massive amount of paperwork and if it concerns property and its division, then there is another paper which needs to be included – the quitclaim deed. This deed is a type of real estate deed in which one party to the property, technically known as the grantor, willingly hands over their interest in the property to another person, namely the grantee. It is owing to the nature of the deed that although the right to the title of the property are transferred by the owner, the moral obligation associated with the mortgage of the property remain with him as it was prior to the quitclaim deed. Change of title also does not free the property from debt nor does it make it immune to claims made by other parties.
A quitclaim deed is described as a documentation wherein once the person puts his signature on the paper it implies that he has given away his right of ownership to his property to another individual or entity. Hence, after the deed has been signed the grantor cannot lay claim to it under any circumstances except two exceptional situations. The first exception is if the divorced spouse of the grantee is willing to return the property back to the original owner by signing on another document and the second exceptional circumstance is if the deed is proven invalid through direct proof. While the former usually occurs in case of divorce, the latter is believed to be due to external pressure or under false information provided by the party which is likely to benefit.
A quitclaim deed is described as a documentation wherein once the person puts his signature on the paper it implies that he has given away his right of ownership to his property to another individual or entity. Hence, after the deed has been signed the grantor cannot lay claim to it under any circumstances except two exceptional situations. The first exception is if the divorced spouse of the grantee is willing to return the property back to the original owner by signing on another document and the second exceptional circumstance is if the deed is proven invalid through direct proof. While the former usually occurs in case of divorce, the latter is believed to be due to external pressure or under false information provided by the party which is likely to benefit.
http://www.quitclaimdeed.com/quit-claim-deed-information-article.htm?articleid=758384668&content=Quitclaim%20Deed%20and%20Divorce%20Proceedings%20%E2%80%93%20Disadvantages%20Involved
3/14/2012 7:35:20 PM
Yep, quitclaim deed. The ex will have to sign it. Go see Tammy, pm if you need her phone #.
And why the heck did you refi and put the loan solely in your name while leaving her on the deed?
And why the heck did you refi and put the loan solely in your name while leaving her on the deed?
3/14/2012 10:42:32 PM
Originally Posted By Bubbles:
Yep, quitclaim deed. The ex will have to sign it. Go see Tammy, pm if you need her phone #.
And why the heck did you refi and put the loan solely in your name while leaving her on the deed?
Yep, quitclaim deed. The ex will have to sign it. Go see Tammy, pm if you need her phone #.
And why the heck did you refi and put the loan solely in your name while leaving her on the deed?
House has been in my name finance wise since her filing bankruptcy (2002?)...since I knew I couldn't trust her with money. Per the judge at the divorce hearing, it was my house and all I needed to do to change it was take the decree in and be done with it. The guy at the deed office just laughed and pointed to a lawyers office across the street. At that point I said fuck it, and for the most part forgot about it.
Getting ready to make some changes, and need to finish the job. Figured if I died, she'd get stuck with all of it....kind of a going away present. Since I was dead, I wouldn't really care. But, something is coming up that requires me to think differently. Just a little differently.
I was pretty sure of the quitclaim route, but will check out Tammy....whoever/wherever she may be. I'd say go ahead and send me her number. I'll get this done by August and live happily ever after
3/15/2012 6:23:31 AM
Only problem with the quit claim is she has to sign it. If she won't sign, you probably need to go back to divorce court and request a clear court order addressing just this issue.
As you already know the big problem will be in the future when you (or your estate) tries to sell or transfer the property. If I were a buyer, I would insist she sign a quit claim before I buy it, even if your current decree is worded as you stated.
Good luck. Never hurts to ask her. (Well, it may hurt.)
BTW quit claims are pretty easy, you can actually get the forms on line but be sure the courthouse will accept your paperwork.
As you already know the big problem will be in the future when you (or your estate) tries to sell or transfer the property. If I were a buyer, I would insist she sign a quit claim before I buy it, even if your current decree is worded as you stated.
Good luck. Never hurts to ask her. (Well, it may hurt.)
BTW quit claims are pretty easy, you can actually get the forms on line but be sure the courthouse will accept your paperwork.3/15/2012 9:26:52 AM
Originally Posted By DougR:
Only problem with the quit claim is she has to sign it. If she won't sign, you probably need to go back to divorce court and request a clear court order addressing just this issue.
As you already know the big problem will be in the future when you (or your estate) tries to sell or transfer the property. If I were a buyer, I would insist she sign a quit claim before I buy it, even if your current decree is worded as you stated.
Good luck. Never hurts to ask her. (Well, it may hurt.) BTW quit claims are pretty easy, you can actually get the forms on line but be sure the courthouse will accept your paperwork.
Only problem with the quit claim is she has to sign it. If she won't sign, you probably need to go back to divorce court and request a clear court order addressing just this issue.
As you already know the big problem will be in the future when you (or your estate) tries to sell or transfer the property. If I were a buyer, I would insist she sign a quit claim before I buy it, even if your current decree is worded as you stated.
Good luck. Never hurts to ask her. (Well, it may hurt.)
BTW quit claims are pretty easy, you can actually get the forms on line but be sure the courthouse will accept your paperwork.Not an issue. I work at the same place, I can just walk over and she'll sign it. Just need to get it done.
It was a mutual thing, and while we're not friends, we're not trying to kill each other. I gave up on that method a long time ago. Satan just didn't want her back
