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-   -   Transferring deeds (https://www.askmehelpdesk.com/showthread.php?t=31773)

  • Aug 15, 2006, 10:07 PM
    rosaura1
    Transferring deeds
    After we got married my ex husband bought a house just in his name, now such property was declared a community property,we have to go back to court for the final resolution in November.
    So far, he has taken private loans and there is little equity left; how can I force him to put my name in the deed before November so he can stop taking all the equity of the house, I live in the house.
    My lawyer said he doesn't know what to do.
  • Aug 15, 2006, 10:10 PM
    LisaB4657
    Your attorney needs to confer with a real estate attorney. They need to place a lis pendens on the property. This is a document that gets recorded in the county clerk's office and it puts the world on notice that there is a lawsuit about to be filed concerning the property. Once a lis pendens is filed the property can't be sold or refinanced.
  • Aug 16, 2006, 06:16 AM
    excon
    Hello rosa:

    I will only add, that if your lawyer told you that he doesn't know what to do, then you need to find a brand new lawyer who DOES know what to do.

    excon
  • Aug 16, 2006, 09:15 PM
    Fr_Chuck
    You did not say your state, but in general a quick claim deed gives you ownership rights but depending on the state may also not stop him from taking out loans on the property.

    Also your attorney may place notice of court proceedings on file with the property deed. This would inform anone doing a title search to see there is possoible court procdings to challenge the deed.

    Also your attorney may consider filing a separate motion contesting these new loans as not valid or fraud to the division of property in the divorce.

    And as excon said, if your attorney did not know( or at least did not find out what he can do) I may look for another attorney

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