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-   -   Big mistake (https://www.askmehelpdesk.com/showthread.php?t=193036)

  • Mar 10, 2008, 08:34 AM
    Chrissesa Newton
    Big mistake
    My question is that my ex and I purchase a house togther and I left just wanting to release all ties I signed a quick deed claim release form for my name to be remove from the house well he didn't file the paper but still have the papers that I signed so I just wanted to know is my name still on the deed and do I have still have rights to the house if nothing was filed and he do have the quick deed release forms so where do I stand with that because he has moved to other men in the house and I just see my house going down the drain after all the money I put into the home do I have any rights to remove the other two men that are in the house
  • Mar 10, 2008, 08:54 AM
    George_1950
    Welcome to AMHD. It seems you may have signed a 'quit claim' deed. The deed has certain formalities, such as date, name of the parties, consideration, description of property, your signature, and witnesses. How many witnesses were present when you signed the deed? The deed does not have to be filed to be legal and valid. What 'consideration' were you given in exchange for your signature? Did he promise you anything to get your signature and then fail to honor his promise?
  • Mar 10, 2008, 09:26 AM
    Marriedguy
    The post is unclear you were with someone you jointly purchased a house and then the relationship ended. You decided that you didn't want to be bother with the house so you sign over to him releasing from all the obilgation from that point on. Do you have rights to the home? No, not really. This also answers the other question can you remove these guys, answer is no on that to.

    Here is the issue if he didn't file this piece paper doesn't void the agreement. But without that piece of paper he will have to prove that you did in fact sign over your ownership to a county court.
  • Mar 10, 2008, 10:46 AM
    JudyKayTee
    Quote:

    Originally Posted by George_1950
    Welcome to AMHD. It seems you may have signed a 'quit claim' deed. The deed has certain formalities, such as date, name of the parties, consideration, description of property, your signature, and witnesses. How many witnesses were present when you signed the deed? The deed does not have to be filed to be legal and valid. What 'consideration' were you given in exchange for your signature? Did he promise you anything to get your signature and then fail to honor his promise?


    One other thought - it would appear that that quit claim is useless to the OP at this time if the "other person" has it in his possession and it hasn't been filed. It is HIS to file, not file, tear up into little bitty pieces - it is legal and valid in the sense she has signed it; it is not legal and valid in the sense she has no control over it and no one else knows about it. No record exists. This is why the person being removed from the Deed makes certain it is filed.

    (I don't think you need additional consideration in order to make a Deed valid - the "consideration" is, in theory, getting your name off. If someone knows - please correct me.)
  • Mar 10, 2008, 12:37 PM
    George_1950
    Filing the deed places "the public", or third parties, on notice of ownership; delivery to the grantee is what makes this a completed transaction. Practically speaking, he could tear up the deed if he wants to restore the owners to the previous status.
  • Mar 10, 2008, 12:48 PM
    Marriedguy
    But the flip side of the coin he can hold on to this document and it will be enforced.

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