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RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 36990
Experience:  30 years as a family law lawyer .
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Does this change of deed type protect my rights? Or are they

Customer Question

Does this change of deed type protect my rights? Or are they in some way compromised or left open to arguement by the last sentence?
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
Here is the conveyance
Customer: replied 1 year ago.
Also can I file for homestead rights as this has been my residence for 15 years...?
Expert:  RayAnswers replied 1 year ago.

Hi and welcome to JA. I am Ray and will be the expert helping you today.

Can you tell me how the divorce awarded this property?Was it to be to both of you here or one of you? Some more information about the divorce vs. this deed.Thanks.

Expert:  RayAnswers replied 1 year ago.

I mean it appears it awards it to both of you as tenants in common rather than to one of you is that correct?

Customer: replied 1 year ago.
I was awarded 52% He 48%. He moved out a year ago. I have lived here since day one. It is now on the market for sale. He wants the price lowered... He is complaining about everything.
Customer: replied 1 year ago.
the divorce was January of 2009. We stayed together until I decided yo put the property up for sale.
Expert:  RayAnswers replied 1 year ago.

So here you would have to get him off the title if you want to claim it for homestead purposes. All you can do here is take it back to divorce court if he will not cooperate.You could buy him out if you could agree to a price and afford to do so.This is really a matter of putting off a problem, still needs to be resolved by the court if necessary.

Jointly owned, you may be able to claim it as a partial homestead if you are living there.Likely you need him to agree and sign exemption.

Customer: replied 1 year ago.
Why what does the homestead right give me?
Customer: replied 1 year ago.
when he refers to giving up the homestead right... And all other rights. What does he mean all other rights?
Expert:  RayAnswers replied 1 year ago.

The homestead exemption lowers your taxes here.you make application at tax assessors office.

Expert:  RayAnswers replied 1 year ago.

Her you both own this as undivided tenants in common until sold or you buy him out.

Expert:  RayAnswers replied 1 year ago.

New Hampshire's homestead exemption allows you to protect up to $100,000 of equity in your home, and twice that amount if you are a married couple filing jointly.

Expert:  RayAnswers replied 1 year ago.

A “Homestead Exemption” is a type of protection for a person’s principal residence. There is an automatic homestead protection of $125,000. This automatic protection may be sufficient to protect a deposit made upon the estate; however, it is not likely to be sufficient coverage to protect the full value of your home. In order for homeowners in Massachusetts to protect the value of their property up to $500,000 per residence, per family, you must file a document called a “Declaration of Homestead”. The form is filed at the Registry of Deeds in the county or district where the property is located, referencing the title/deed to the property.

Expert:  RayAnswers replied 1 year ago.

Here in New Hampshire, the Homestead exemption is automatically given to you in your primary residence when you move into your home. The homestead exemption safeguards your home up to $100,000 against creditors that file judgments or liens against you. Because the exemption is automatically given to you by the state, there is no need to file paperwork applying for homestead.

Expert:  RayAnswers replied 1 year ago.

You want to make sure it is on file with the county tax assessor.

Thanks again.

Customer: replied 1 year ago.
since those rights are being given up, can I refill for homestead with this new deed? If so how do I do that? Also what other rights, the last sentence spiciest all rights are given up... What other rights?
Customer: replied 1 year ago.
Ok so I can't file with out removing him from the deed... What other rights am I giving up... He mentions "give up all other rights"
Customer: replied 1 year ago.
My divorec stipulates that I have the right to set the sale price. It also says that either one of us can covert to. Quitclaim deed. I am concerned that my ex will then have the right to sell his half of the property to someone else who will then be able to force me to sell at a lower price than I want to. Is that a realistic concern?
Expert:  RayAnswers replied 1 year ago.

The only rights you are giving up here are that of sole ownership.You both have ownership interest.You may have to return to divorce court and seek modification if he will not work with you here.It is a stalemate and a judge and further orders may be necessary.

Customer: replied 1 year ago.
Are you a NH attorney?
Expert:  RayAnswers replied 1 year ago.

I am not a NH lawyer but I gave you NH law in your response.

Please let me know if you have more, thanks.

Customer: replied 1 year ago.
But you have homestead rights regardless of the deed type? Correct?
Expert:  RayAnswers replied 1 year ago.

Yes as long as you are living there.

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