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  1. #1
    Join Date
    May 2006
    Posts
    2

    Default Divorcing and refinance - Ex refuses to sign quit claim deed

    My ex moved out and rented an apt april 1st 2005. I filed for divorce 12/6/05. My ex and I have been to court for support & custody. He pays $1669 per month and he has visitation every other weekend. The divorce is final July 6th and the property, debts, 401k and assests will need to be resolved by then.

    We applied for a $50,000 home equity line in May 2005 to help with the transition to two households, do some remodeling to the home, which I did myself for $20,000 and paid off his credit cards. The rest of the money was to continue home improvements and for emergencies. During the time we were separated he ended up spending the remaining $30,000 using the equity line for personal items. I have continued to pay the mortage and equity payment. I am now refinacing the two mortgages in my name only because I am having difficulties making both payments. My mortgage company is asking him to sign a quit claim but my ex is refusing because he feels he will not recieve his share of the home when it is sold. He has verbally agreed I will live in the home until our youngest is 18 and moved out, 9 yrs from now. He has also agreed he is responsible for the $30,000 in debt he racked up and will subtract this from his share of the proceeds when the home is sold. Of course this is all verbal. He said he will sign any papers needed for refinacing but not a quit claim.

    How can I convince him to sign a quit claim and assure him he will receive his share of equity when the home is sold, minus ths $30,000 (interest included? The $50,000 loan was at 8.25% and I am refiancing a $92,000 1st and $50,000 2nd at 6.62%)

    Will a judge (I am in Calif) order the house to me and him to sign a quit claim since it is refinanced in my name and the children live with me. I cannot afford to move as my payment is affordable, ($150,000 loan and other houses in the area are at least $350,000) and we have no other substantial assests or property. He has a 401K but I do not know how much he has in the account. I have not used an attorney for any of the proceedings so far and I want to try and not hire one due to finances.

    He has said if I can show him proof of a judge ordering a quit claim and assurances he will get his share, he may consider it. My problem is the mortage co is ready to sign documents and I will not have time to consult an attorney between now and then. Will he be on the mortgage as "tenancy in common" even though the loan is entirely in my name if he won't sign off on it? What are the tax consequences? I want to be able to deduct the interest since I have made all payments.

    Please any advice would be very helpful.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
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    Default Re: Divorcing and refinance - Ex refuses to sign quit claim deed

    I'm not clear on what the plan is to get him his equity. When would the house be sold, such that he would receive his share?

    If he quitclaims you the house, he is giving up his legal interest in the house, so he has every reason to be concerned about getting his share of the equity sometime down the line.

  3. #3
    Join Date
    May 2006
    Posts
    2

    Default Re: Divorcing and refinance - Ex refuses to sign quit claim deed

    Yes, he would receive his share when the home is sold, in about 9-10 years, less the $30,000 he has already received. He is fine with that but he is worried I will not follow through on my agreement and does not want to give up his legal right. Is there something that can be entered into the divorce decree giving him his share later since I cannot afford to buy him out now, thereby reassuring him he will still have a claim? I can barely afford the payment on the $150,000 now and to buy him out would cost me another $70,000 or so. I pay less per month right now than I would if I had to rent an apartment and certainly less than another home would be. How will the mortgage company handle it if he won't sign a quit claim?

    Thanks for your answers.

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