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#108030 - 05/03/04 06:31 PM divorce
Anonymous
Unregistered


my husband decided to divorce me and is willing to give up all interests over our house. though i purchased in my name and took mortgage in my name , when i bought, i signed a deed granting him co-ownership ( as he was to pay mortgage with me otherwise i would not have been able to pay it) but he never recorded it ( 6 months ago).
He is also making a committment to pay another 18 months of mortgage until i am able to refinance and get the loan to an amount that i can afford ( i guess he feels really bad for leaving me).
what is the best way for me to insure that
a. he will never claim any ownership to this house
b. that he does go through with the moneys he is promising to pay for leaving me in such a bad situation?
thank you

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#108031 - 05/04/04 08:39 AM Re: divorce
Anonymous
Unregistered


The best way?

a. Get a good lawyer.
b. Get a good lawyer.

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#108032 - 05/05/04 04:38 PM Re: divorce
Realty Check Offline
Major Contributor

Registered: 09/19/03
Posts: 2410
Loc: Panama City FL
The problem with "good lawyers" is that they are all dead....

You will probably have to settle with a #$%%##&#$$ who knows how to not only fatten his own pockets but assist you as well.

just my .02 worth

I feel the same about misquotes and snakes

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#108033 - 05/06/04 05:34 AM Re: divorce
Jim Erickson Offline
Veteran Member

Registered: 03/31/04
Posts: 509
Loc: Twin Cities, MN
In answer to your item a) - Have husband sign a quit claim deed for property and file it at the county courthouse.
And as the others have posted - seek legal counsel.
_________________________
Twin Cities Real Estate Services

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#108034 - 05/06/04 08:03 AM Re: divorce
Jim Lee Offline
Major Contributor

Registered: 07/01/99
Posts: 4785
Loc: Knoxville, Tennessee, Knox Cou...
I VERY STRONGLY urge you to get any and all agreements with your ex husband in writing and have it approved by the court so it will be judicially enforcable if he 'forgets' what he's supposed to do, i.e. pay you.

------------------
Jim Lee, CRS, ABR, GRI, e-PRO
Realty Executives Associates
Knoxville, Tennessee
http://www.KnoxvilleMLS.com
Jim@KnoxvilleMLS.com
1999 REALTOR of the year, Knoxville Association of REALTORS

I am not an attorney and am not giving you any legal advice. This response is only given for information purposes and should not be construed or substituted for legal advice.
_________________________
Jim Lee, REALTORŪ, CRS, ABR, e-PRO
[url=www.KnoxvilleHomeCenter.com]www.KnoxvilleHomeCenter.com[/url]
[url=www.KnoxvilleTennesseeRealEstateBlog.com]www.KnoxvilleTennesseeRealEstateBlog.com[/url]
I am not an attorney & I am not giving you any legal advice.

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#108035 - 05/06/04 08:38 AM Re: divorce
endlessprofits Offline
Member

Registered: 11/05/03
Posts: 38
In addition to all the advice above, also make sure it's in your best interest to keep the home and make the payments on your own.

The majority of foreclosures I've seen in my area look to have stemmed from a divorce where one party quit claimed to another and instead of selling, the other party wanted to keep the home and eventually got behind on payments.

If you can easily afford the payments now, no problem. But, if you were used to dual incomes feeding the mortgage - think it all through.

Richard Rigor http://therigorgroup.com
_________________________
Mesa Real Estate

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#108036 - 05/06/04 08:17 PM Re: divorce
Realty Check Offline
Major Contributor

Registered: 09/19/03
Posts: 2410
Loc: Panama City FL
One Large Amen to the above...

I just close a pre-foreclosure sale, 48 hours prior to sale at the courthouse.

I was in default because the wife had been attempting to keep the house although the payments represented over 60% of her income. She had been unable to maintain the property and it was in poor condition with roof leaks, wall damage and a yard from Hell. However the stress on her for the past several years has been the real damage done

She walked away with $0 but no foreclosure and no deficiency judgment.


Edited by George (05/17/08 09:45 AM)

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