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  1. #1

    Default Quitclaim Deed to Fiance So Ex Can't Force Sale

    My question involves divorce in the State of: North Carolina

    My fiance owns a home in which during his seperation agreement he got his ex wife to sign the quitclaim deed giving him full ownership of the home for a payment of 50% of the equity. The mortgage is in both of thier names. One stipulation of the legal seperation is that my fiance refinances the home to remove her name from the 1st and 2cd mortgage. In over 8 attempts to do this, he has been unable to based on paying her $1800 a month in PSS- he does not qualify from his debt.
    Now she is trying to force the sale of the home. If he were to quitclaim deed me the entire home, can she still force the sale if it were not in his name at all?

    Also, she filed a waiver of claim to me so would she have any recourse to come after me to make ME sell the home since I would be the owner on record?

  2. #2
    Join Date
    Sep 2005
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    Default Re: Quitclaim Deed to Fiance So Ex Can't Force Sale

    The quitclaim would very likely violate the terms of the mortgage and thus could trigger an immediate foreclosure.

    But whatever the bank does, you should not expect the court to idly accept such a sham transaction.

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