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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37855
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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I am being ordered to sign a quick claim deed on my house and

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I am being ordered to sign a quick claim deed on my house and camper to my ex. It says he will be held liable for all debt , however bank states until he removes my name I will be liale and he was ordered to pay mort through divorce and was 90 days late entire time so has already ruined my credit through last two years of this divorce. So now I can't get a loan or remort because it shows I still owe for house and camper . Can i refuse to sign. I dont think it would be legal for them to make me give up my intrest and yet still be held liable.
Please help

Good morning Tasha,

I'm Doug, and I'm very sorry to hear of your situation.

Your situation is one which way too many people who do their own divorces fall victim to, and even some negligent lawyers fail to inform their clients of the risks of agreeing to allow one party to get a piece of real property in a divorce without having to re-finance.

As you have learned, the court's order that you transfer title of the property to your ex is not binding on the mortgage company, and you remain liable for the debt even if you no longer have any ownership.

While the court may indeed enforce your obligation to provide the Quit Claim deed to your ex, you should consider doing something first. That thing is to file a Motion for Compliance and for Contempt, and seek to have the court order that your husband pay the mortgage and find him in contempt for his failure to do so. You may also ask that the court order that if doe snot pay, that the property be sold and the debt paid, or paid as much as may be paid from the sale of the property. Your ex is essentially in Breach of Contract, having failed in his legal obligations and you may use that breach as a legal argument not to be obligated to turn over title to the property to him.

Again, you will want to file a Motion for Compliance and Contempt with the court to bring this issue before the court so the judge can give you some legal relief.

You may reply back to me using the Continue the Conversation or Reply to Expert link if you have additional questions; and if you do, I ask that you please keep in mind that I do not know what you may already know or with what you need help, unless you tell me.


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I wish you the best in 2012,

Doug

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