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Ely
Ely, Counselor at Law
Category: Family Law
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have been married 20 years. My husband bought our house

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I have been married 20 years. My husband bought our house for $150K in May 1990 and we were married in Sept.90. He only had $123K we borrowed $50K from my family to pay the difference and for repairs. I sold my house in 1992 and put the money into our house. In 1993 he took a mortgage out for $50K to pay my family back and had me sign a quite claim saying it didn't matter I would still be half owner. Well guess what he won't put my name on the deed. What can I do about this. I was deceived and now he tells me to get out.
Submitted: 3 years ago.
Category: Family Law
Expert:  Ely replied 3 years ago.
Hello,



Thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



I am sorry for your situation. Are you or he filing legal separation or divorce?



Customer: replied 3 years ago.
No we are not filing for legal separation or divorce. I should have said he tells me to get out all the time. I am tired of it however, I do not want to leave not knowing what my legal rights are in regards XXXXX XXXXX home.
Expert:  Ely replied 3 years ago.
Can you please explain what you signed, exactly, when you say 'had me sign a quite claim saying it didn't matter I would still be half owner...' had you sign a quit claim OVER to him from you? But how would that be possible if the quit claim designated you as a 1/2 owner?
Customer: replied 3 years ago.
I am sorry I still didn't explain it well enough. When we took out the loan on the house we went to the title company to sign the papers and that is when he told me I was signing a quit claim because it was faster to do a credit check on just one of us however even if signed it I would still be half owner. He lied to me.
Expert:  Ely replied 3 years ago.
Oh, I am sorry to hear such news. But what DID you sign, and is your name at least on the loan documents?
Customer: replied 3 years ago.

Apparently when I signed the quit claim it was giving him the property and that I have no legal right to the property. I would not have signed it had I known I was giving up the property for ever. He told me it was just to get the loan in a hurry. No I am not on the mortgage because I am not on the deed.

Expert:  Ely replied 3 years ago.
First of all, know that without a court order in either separation or divorce proceeding, he has little right to kick you out in any case. But strictly speaking, this boils down to if this is separate property or community property. From what you are telling me, it MAY be considered his sole property but you are entitled to whatever money you put into the house. However, this is a complicated case because there is question of misleading intent, etc. While the actual ownership will be determined in court, he cannot meanwhile simply 'kick' you out. Separate/communal property is not automatic - it has to be assigned by Court in most cases, such as this, where one person would be left without a shelter. Therefore, you are arguably not mandated to leave UNTIL/UNLESS he gets the house named as separate property by a Court of law in either a separation or divorce hearing.I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you unless you press ACCEPT.



If you still need to clarify something or seek more information, just use the INFO button and I’d be more than happy to follow up to your satisfaction! There is no fee for follow up questions after an accept should you wish to continue in this thread and I encourage you to do so should you need clarification!



While the legal system tries to be inclusive of every possibility, sometimes, people are ethically wronged but have limited legal avenues seek relief. If so, please understand that this is not the expert’s fault, but the way of circumstance.



If you feel that I went an extra step to help, a bonus is always appreciated!



You can always request me for a future consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”








Customer: replied 3 years ago.
So I am screwed
Expert:  Ely replied 3 years ago.
No, not quite. First of all, I am still a little unsure of what you signed. Second of all, you DO get any money for any improvements you made on the property by investing into it by money and/or labor.Let me explain with a little informal guide:

Separate property and debt is property that is generally owned before marriage by one spouse or traceable property purchased by one spouse only. (There is a lot more to here, but these are the two general rules that apply to you)Community property is everything else, including joint purchases.
Community property is AUTOMATICALLY ASSUMED unless proven to be separate property by a party “by a preponderance of the evidence.” Community property and debt is split 50/50.However, there is severe entanglement here with your money and questionable release by you, so I would not give up on the claim that easily, and again, you do NOT have to leave until/unless a Court declares that this is indeed his separate property.I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you unless you press ACCEPT.



If you still need to clarify something or seek more information, just use the INFO button and I’d be more than happy to follow up to your satisfaction! There is no fee for follow up questions after an accept should you wish to continue in this thread and I encourage you to do so should you need clarification!



While the legal system tries to be inclusive of every possibility, sometimes, people are ethically wronged but have limited legal avenues seek relief. If so, please understand that this is not the expert’s fault, but the way of circumstance.



If you feel that I went an extra step to help, a bonus is always appreciated!



You can always request me for a future consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”










Edited by Eli on 12/1/2010 at 8:15 PM EST
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 87079
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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