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  1. #11
    Join Date
    Jul 2006
    Location
    Michigan
    Posts
    19

    Default Re: Quit claim deed

    ya, unfortunately.. I dont want the divorce, but I cant force her to stay married. Everyone at work said Im going to lose everything including my home, which I purchased a year before we were married but I guess that doesnt matter. im just trying to protect my home from her. Everything else is just material, but my home is worth $200,000.00. I REALLY dont wanna lose that since ive made every payment.

  2. #12
    Join Date
    Jul 2006
    Posts
    984

    Default Re: Quit claim deed

    That's right, and she has done nothing but take care of your home and bear and raise your children, responsibilities which have no value? SHE is so miserable that she has left you twice and with a 15 week old infant, have you ever heard of post partum depression? Were you together when you bought the house and did you intend to raise your family in that house with her, when you bought that house? You do realize you are going to get stuck with child support?
    Michigan is an "equitable distribution" state, generally meaning that all marital property acquired during the marriage is subject to division. Property brought into the marriage i.e. that a person had before the marriage are not subject to division in a divorce, unless you have given her that right when you refied, so she may be entitled to at least a portion of the value of the home and possibly even spousal support for a time since she was not employed outside the home.

  3. #13
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Quit claim deed

    The appreciation in value in the marital home during the marriage would be a marital asset. There are a lot of factors beyond that which can affect how a court would treat the home within the context of a divorce. You should consider consulting a divorce lawyer rather than trying to make your own loopholes to the law, as a judge might view efforts to get your wife to sign a quitclaim in anticipation of divorce to be overreaching conduct.

  4. #14
    Join Date
    Jul 2006
    Posts
    984

    Default Re: Quit claim deed

    Quote Quoting aaron
    The appreciation in value in the marital home during the marriage would be a marital asset. There are a lot of factors beyond that which can affect how a court would treat the home within the context of a divorce. You should consider consulting a divorce lawyer rather than trying to make your own loopholes to the law, as a judge might view efforts to get your wife to sign a quitclaim in anticipation of divorce to be overreaching conduct.
    And if she is suffering from PPD or duress, signing the QD might be overturned.

  5. #15
    Join Date
    Jul 2006
    Location
    Michigan
    Posts
    19

    Default Re: Quit claim deed

    I guess an attorney is the only way to go. she said she wants to play nice, but once attorneys get involved it can turn south real quick, maybe we can just file jointly and agree on everthing ourselves without the need of an attorney. Would a judge still be required to finalize the divorce after we both sign?

  6. #16
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Quit claim deed

    Yes. You have to have the divorce judgment entered by a court.

  7. #17
    Join Date
    Jul 2006
    Location
    Michigan
    Posts
    19

    Default Re: Quit claim deed

    We agreed to sell the home and payoff as much debt as possible before the divorce, would that be allowed? were both on the title and lein. neither of us want the house, just a clean break. Is it ok or would it be frowned on?

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