Giving Wife the House, But House Has Defects

[mango]

Hello,

As part of the divorce, I am signing over the house to my wife with a quit claim deed.

The house has defects in it that need to be fixed, but I am unable to gain access to the house to have the defects fixed, due to a restraining order against me.

In order to avoid any possible future liability down the road and especially when she sells the house, what should I do to protect myself in this situation?

I live in Arizona.

[cissycicle]

Hello,

As part of the divorce, I am signing over the house to my wife with a quit claim deed.

The house has defects in it that need to be fixed, but I am unable to gain access to the house to have the defects fixed, due to a restraining order against me.

In order to avoid any possible future liability down the road and especially when she sells the house, what should I do to protect myself in this situation?

I live in Arizona.

Seek a temporary modification to the restraining order. Give a timeline as to when and how long you need to be in the house to do the repairs. During this time, the occupant of the house would be ordered to leave while you are there. Have an escort with you to avoid any complications.

[mango]

instead, would I just be able to include a disclosure statement listing all defects in the house and have my wife sign it?

[seniorjudge]

A quit claim deed does not convey any warranties of any kind, so you are safe.

[mango]

thanks for the fast reply

you see my concern is for some electrical work I did in the house. I installed a ceiling fan on the washing machine circuit which is a violation of the national electric code. the washing machine must be on its own circuit.

i understand what you are saying about the quit claim deed and that it gives no warranties which makes me feel good now

so does this mean then that there is no need at all to disclose house defects to my wife that she may not even remember about when i told her about them years ago?

do i really have a true air tight "safe harbor" in the event there was a mishap due to a defect she was not aware of or if she claims she did not know of?

if it were not for this restraining order i could have this problem fixed, but it's a very bitter divorce

[seniorjudge]

Attach a list of the defects to the quit claim deed before you have it recorded in the land deed records of the county where the place is.

[mango]

if i did what you suggest, would that have an adverse effect on the value of the house? if it did should I even be concerned?

i just want the code violations fixed. i will never now know if they get fixed because i am not alllowed to ever go into the house again.

[jk]

not that it affects the deed situation, where did you come up with the idea that it is a code violation to share the circuit to the washer?

Could you cite code chapter and section for this?

were there other problems you were concerned about?

[mango]

hi

yes,

1999 National Electric Code Book

I don't have the book with me, but it's in there.

[mango]

Hi again


i have one other national electric code violation also

i put 2 ceiling fans and an overhead light on the same circuit as a regular room outlet, this is a violation because it exceeds 50% of the allowed 8 amps on 80% of the allowed usage for a 20 amp circuit breaker.
can only use 16 amps with a 4 amp safety margin by the 1999 book