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  1. #1
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    Aug 2018
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    Default Can Your Ex- Claim Interest in a Jointly Owned Property After Quit Claiming it To You

    My question involves real estate located in the State of: Ohio. My ex left me holding a mortgage that we jointly owned. In his haste he quit claimed his portion to me and gave me a gift to refinance to take his name off the mortgage. The refinance fell through, not my fault. He wants the house partitioned and his gift money returned. I don't feel like I should have to give him anything back since he left the state and me holding the bag. He signed a gift letter that states I don't have to pay him back. I registered the deed and now I am being sued. What are my rights? Can the Judge force a partitioning of the house all though he gave up his interest, willingly? Will I have to pay back the gift money?

  2. #2
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    Default Re: A Jointly Owned Home is Quit Claimed to Other, Can a Judge Force a Property Parti

    Quote Quoting Ms. Di
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    Can the Judge force a partitioning of the house all though he gave up his interest, willingly?
    Can the judge do this -- i.e., does the judge have the ability to do this? Of course.
    Quote Quoting Ms. Di
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    Will I have to pay back the gift money?
    It all depends on what the relevant documents, including your divorce decree, say. No one on an internet message board has the ability to opine intelligently about the legal effect of documents we haven't read.

    Bottom line: if you've been sued, then you need to engage legal counsel to advise and defend you.

  3. #3
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    Default Re: Can Your Ex- Claim an Interest in Marital Property After Quit Claiming it To You

    Is this transaction part of a divorce judgment, through which the house was to be sold or refinanced with you to pay your ex- his share of the equity from the proceeds? And your ex, in haste or out of a foolish belief that you wouldn't try to take advantage of him, got ahead of himself by quit claiming the house to you so that it would be easier for you to sell in his absence?

    If your husband's claim arises from the property division provisions of a divorce settlement or judgment, it is necessary to read the actual language of the judgment to determine if his actions affect his rights to his share of the equity; but I doubt that his premature execution of the quit claim deed would affect his right to his share of the equity. The court can use its powers in equity to try to resolve the problem, and those remedies would potentially include ordering the sale of the property.

    The "gift letter" I get -- you didn't have sufficient assets to place a down payment on the home, so your ex gave you some money and executed a "gift letter" so that the prospective lender would view it as your asset as opposed to a loan that you would have to repay (and thus an amount that could not be counted toward your down payment.) What I don't know at this point is the nature of your side agreement with your ex. For example, you might have agreed that you would repay that "gift" once the house was refinanced, or that the gift was conditional upon successful refinancing.

    Please clarify the facts.

  4. #4
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    Aug 2018
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    Default Re: Can Your Ex- Claim an Interest in Marital Property After Quit Claiming it To You

    Sorry I wasn't clear. When I say my ex, I mean my ex-boyfriend. There is nothing in writing stating anything other than what the money was to be used for. Part was to pay off my bills and the other to refinance. The bills were paid. I tried another method to get is name off the mortgage by sending him a Release of Liability from the lender but he refused to sign. My son was willing to help me refinance to get ex's name off mortgage. He is also suing the Title Company for giving me the Quit Claim Deed and the Loan Officer, accusing him of working with me to take his money. I never asked for a dime. He volunteered to pay off my bills along with the money to refinance. Problem is the document states the money is to go towards the purchase of the house not the refinance. Didn't know how else that could be accomplished so I used most of the money on the home by updating bathrooms etc. There is no contractual agreement. The implications initially on what to do with the money was his choice. He never said I had to pay him back if the refinance fell through. I tried to work with him but he wants his money back and trying to bankrupt me in court. We have a trial date next year. His name remains on the mortgage as the main borrower. I've been paying the mortgage on time and am not trying to move.

  5. #5
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    Oct 2016
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    Default Re: Can Your Ex- Claim an Interest in Marital Property After Quit Claiming it To You

    I'm betting if the title company and loan officer was involved there was more to it than a simple quit claim deed.

  6. #6
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    Default Re: Can Your Ex- Claim an Interest in Marital Property After Quit Claiming it To You

    Quote Quoting Ms. Di
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    Sorry I wasn't clear. When I say my ex, I mean my ex-boyfriend.
    Ok...so this has nothing to do with the subject of this particular board (family law/divorce).

    In any event, it remains true that no one here can opine intelligently about the legal effect of documents we haven't seen and, as mentioned previously, because you're being sued, you need to retain counsel.

  7. #7
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    Aug 2018
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    Default Re: Can Your Ex- Claim an Interest in Marital Property After Quit Claiming it To You

    I never tried to screw him out of anything. I tried to get the refinancing and it didn't go through. Not my fault. The Title Company handed over the Quit Claim Deed. My Ex left town and left me stuck with the mortgage before the refinancing could go through and the bills were paid off. I had to pick up more work hours to keep the house. He knew work needed to be done on the house but I was stuck with that also. We were together for less than a year when he started showing signs of memory loss. I did all I could to get his name removed from the mortgage but he wouldn't let me. Our agreement when we first got together was that he would pay the mortgage and pay for all the repairs. I handled other bills. Now I am stuck with all the bills so who is screwing who?

    He is well off financially and I am not. I pay all the bills and he goes on living a life of luxury as he tries to destroy me. I never agreed to this. I may have settled for the courts making us sell the house. This was a trap because he never intended to divulge the gift source. Because of that- the loan fell through. I think the Title Company got tired of the whole process because they agreed to pay off my bills and hold on to the rest of the money until the loan closed. When it didn't happen, they gave me the rest of the gift money and the Quit Claim deed that I hadn't filed in the Recorder's office until my Attorney (a judge also) told me to. Actually I didn't know that I could. I went under his advice. Now I know that the Quit Claim Deed was legal when it was notarized and it didn't have to be recorded to make it legal. His claim says I was not suppose to record the Quit Claim Deed until the loan closed. He left town without making sure the loan closed because he has it like that financially. I'm just a victim of a person trying to get back at me for his ignorance of the law, which is no excuse.

    There was nothing on any documents stating the gift funds had to be returned. To the contrary, the letter states he expects no repayment of any source and it doesn't state that the gift source is given in order for me to refinance to take his name off the house. It only states the money is for the purchase of the house and to pay off my bills. He set this up, not me. Why should I have to pay him anything back when it was his idea in the first place? He let the Title Company handle everything and never consulted with me about anything. I only signed the gift letter and nothing else. He willingly signed the Quit Claim Deed. He could have paid cash for this house. He has no credit worries even if I can't pay the mortgage. But if I was trying to screw him I would not pay the mortgage but I love my home and so I will continue making payments on time. Can a Judge tell me to partition off the house or even sell it when he gave up his interest by signing that Quit Claim Deed? He only has his name on the Mortgage as a borrower now and that is it. I have proof of everything I am saying. All my documents are in order.

  8. #8
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    Default Re: Can Your Ex- Claim an Interest in Marital Property After Quit Claiming it To You

    So, there are a few things going on here:

    (1) You're both idiots. You were together for less than a year and you bought a house?! You should've started smaller with, say, a coffee maker or something. A coffee maker is a goo place to start, not a house.

    (2) The silly ideas that people come up with for dividing financial responsibilities are laughable, especially when both are on the hook for this or that. You can complain all you want about him and who pays the mortgage, if your name is on it then your as much on the hook as he is. If it's your name on the water bill and NOT his, your on the hook for it.

    (3) IF the gift letter states that the funds are for refinancing the mortgage and you choose to use the funds for something else then you MAY have a problem.

    (4) How much money your ex makes and they type of life he lives is irrelevant. You state that "...he goes on living a life of luxury as he tries to destroy me" but that's not what you're describing. What you're describing is one party protecting his assets and another party is unable to take on the financial load which would impact said assets.

    (5) What I read here, at the end of it all, is that you're trying to screw him. He has all the money. He has good credit. He could've paid cash for the house. You may even be successful. You may not.
    "Where do those stairs go?"
    "They go up!"

  9. #9
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    Sep 2017
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    Default Re: Can Your Ex- Claim an Interest in Marital Property After Quit Claiming it To You

    I didn't read that as they were together less than a year when they bought the house. It says they were together less than a year when he started having memory loss. Very different than buying a house.

  10. #10
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    Default Re: Can Your Ex- Claim an Interest in Marital Property After Quit Claiming it To You

    Quote Quoting PMMH
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    I didn't read that as they were together less than a year when they bought the house. It says they were together less than a year when he started having memory loss. Very different than buying a house.
    Even if that's the case, that means she entered into a long term financial arrangement with someone who was was suffering from a degenerative neurological disease that includes memory loss. So, yes, it's different from buying a house, it is, to my thinking, an even larger lapse in judgement.

    Ultimately what I take away from this is that the OP cannot really afford the house - if you can afford it then that includes maintenance, repairs and the like - and wants to both keep the ex's money, equity AND have the refinance.

    Should've just tried the coffee maker.
    "Where do those stairs go?"
    "They go up!"

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