I am divorcing my husband of 17 years, his girlfriend is getting in the way. He also thinks I spend too much time taking care of our 9 yr old autistic child... We bought our house (with 10K downpayment from my father) in 1990. Arizona is a community property state :)
Community funds have paid the mortgage monthly since purchase. My soon to be ex is an attorney with an attitude, he has been fired from 5 firms in 7 years. So, in 2001, after the most recent firing, with no savings left and no firms to be employed by, he wanted to refinance our house and get 30k of equity out so he could start his own firm. Unfortunately, I haven't worked since 1997, the birth of our 2nd child, who, as I mentioned earlier, is disabled. I have no credit, and what I had isn't good. So, he told me we couldn't get financing with my name on the house. I had no choice but to sign a quit claim deed. No money, no assets, I did it to help him and my family.

He comes home from his attorney's office yesterday and says "The house is MINE...you'll have to pay big bucks to buy it from me"

Can I claim duress? I believed him, he may have had this planned all along. I can buy his share in 3 years (trust fund disbursement) but he wants the money now... and not just his share, but the whole purchase price. I do not see an attorney for 10 days. HELP!! Thanks...

So you move and find something else and let him live in the bed he has made.

What you need is an attorney, what happened was fraud to get the loan.
( and you name on it would not have mattered, he lied to you)
It is most likely not duress, since he did not threaten you with physcial violence if you did not sign ( but an attorney in your area could or may have a differnet opinion)

But any contract is not legal, if it was done as part of a crime, So a false transfer of property ( quick claim deed) for the purpose to fasify a loan application is fraud, and it could be enough to have the quick claim deed ruled invalid. ( my look at it anyway)

Now I am not an attorney, I went to law school, and I am currently getting my real estate license. But this will be a tough fight, and you will need an attorney.

But what you do is get child custody, get child support, since he worked and is claiming he paid all the house expence, you should get spousal support also since he is obligated as an attorney to help support you, since you left the job market to stay home and raise the children.

I know you want everything you can get, but what if you get part of the house, can you afford it ? Is it worth the fight ?

But so he says this or that, it is not so until the divorce judge says it is.
I would say just laugh at him when he says it, ( it will make him mad for one, and who cares, people during a divorce lie to each other, threaten each other and try to cheat each other all the time.

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Originally Posted by jbarizona

I am divorcing my husband of 17 years, his girlfriend is getting in the way. He also thinks I spend too much time taking care of our 9 yr old autistic child...We bought our house (with 10K downpayment from my father) in 1990. Arizona is a community property state :)
Community funds have paid the mortgage monthly since purchase. My soon to be ex is an attorney with an attitude, he has been fired from 5 firms in 7 years. So, in 2001, after the most recent firing, with no savings left and no firms to be employed by, he wanted to refinance our house and get 30k of equity out so he could start his own firm. Unfortunately, I haven't worked since 1997, the birth of our 2nd child, who, as I mentioned earlier, is disabled. I have no credit, and what I had isn't good. So, he told me we couldn't get financing with my name on the house. I had no choice but to sign a quit claim deed. No money, no assets, I did it to help him and my family.

He comes home from his attorney's office yesterday and says "The house is MINE...you'll have to pay big bucks to buy it from me"

Can I claim duress? I believed him, he may have had this planned all along. I can buy his share in 3 years (trust fund disbursement) but he wants the money now...and not just his share, but the whole purchase price. I do not see an attorney for 10 days. HELP!!! Thanks...

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I've been divorced and all I can say is that the house will be considered arital property and even if your name isn't on the deed it will be considered yours as well. I wouldn't stress over this. He probably hurt himself more because if he goes in to foreclosure, his name and credit will be mud and not yours. Wait until the mortgage company finds out that you don't own the home but possibly are responsible for it? The whole thing seems like a fraudulent act.

Since $10k of the house equity was from an inheritance, that portion is your separate property, and the balance is community property (amount of equity).

Go see a family law attorney asap. There are different rules in a family situation regarding your rights, etc.

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Originally Posted by jocelyn1

Since $10k of the house equity was from an inheritance, that portion is your separate property, and the balance is community property (amount of equity).

Go see a family law attorney asap. There are different rules in a family situation regarding your rights, etc.

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This is a question from 2006 - please keep an eye on the dates.

I am currently in a real hell hole, I and my wife got divorced last year and remained living together for the sake of the children. I bought a couple of vehicles and put them in her name because the car insurance was already under her. She decided that she no longer wanted me in the home and wanted me to sign off on the house and move out. I fought it for a while but then she used the cars against me and told me that if I don't sign I can no longer use the truck since it is in her name. This did turn ugly. I love the company that I work for and I wanted my job so I signed a quit claim deed. I know it was unfair for me because all I got was a truck and she got the house and property. Yes I know that it falls under "duress" but I don't make enough money to pay an attorney what they ask. My question is, does anyone know how to go about taking something like this to court with no legal knowledge. Thanks in advance!