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My husband and I are separating. He wants to sign a quick claim deed over to me and he is aware that the loan is still on both of our names. In the event we get one file with the local clerk of the courts, if for some reason... he has p0eople coming after him for different issues, back taxes, etc... can they still lien my house after we file the quick claim deed??
Is the house free and clear ? If not filing the deed change may trigger the bank to call the loan. I would suggest calling the bank and asking the question, him signing the deed over to you will protect you to some degree, but I suggest you spend a $150.00 and visit a lawyer. If you wind up in a messy divorce and he has let his credit go, they might look into anything he might have had in past assets.
The house is free and clear. Let me make it clear. We have to PRETEND we are getting divorce. He has a very vindictive ex wife, that even though she is getting 589 dollars a month on child support she still thinks my husband owes her ovr 20K in back child support. What she is doing is moving from state to state and starting new cases whithout putting that state on notice that there is a case in Florida and the child support payments are going through Flroida. Now, she was able to get a new order in GA... don't ask me how for arrears in the amount of $20k. The just froze our accounts and intercepted our income tax. We have been married for 4 years and never in the past have had any problems. The problem now is that her husband left her and she wants more money. She is very evil. So my question was, if we do a quit claim deed and the house gets transferred to my name only... and we are still married... can she put a lien on our house? Unfortunately for us, she has lots of connects not only attorneys but government employees that are family members on her side. We had an attorney representing us and he QUIT!! He basically told us that he can't take her evilness anymore. He could not deal with it anymore. So I checked with another attorney and they want 5K retainer fee. I guess we will pay that... but I wanted to secure our house for our children. We have a great marriage, but she is destroying it little by little... you can only take so much!Quote:
Originally Posted by dontbemad
This makes more sense, if the home is free and clear, by all means rush to the court house and file a new deed. Time is of the essence, you need to have time on your side to show that this want not done to avoid or hide assets, which is exactly what you need to do. You might even consider putting the home after the deed has been modified into a trust say perhaps for your children with you as executor to further distance the property from any potential claim by this women. She cannot put a lien on your house personally, the state or Feds could possibly do so, once it has all been litigated, but that looks further down the road if she persists and wins. So do it quickly.
Why do good people die in plane crashes?
It is a shame that people can manipulate the system, while other decent folks cannot get any help.
Another thought, perhaps your husband should go on the offensive, threaten to sue for custody.
I hope this helps a little bit,
It's called a quit claim deed.
How can the house be free and clear if there is still a loan?Quote:
Originally Posted by kpag99
If your purpose is to hide assets from the ex, this may backfire.
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