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My Ex lives in CO. I live in ND. I have always maintained my…

My Ex lives in CO...
My Ex lives in CO. I live in ND. I have always maintained my ND residence. We are split and I signed a quit claim deed on our house. We have never been to court and have always come to mutual terms with our split until now. We have one son together that just turned 4. Which leads me to several questions...1. I told her I would give her the house and wanted nothing from it, except to get it out of my name. She claims the lender is holding up the refinance process and this has been going on for months. I just want the house out of my name (it was jointly owned, but I made all the payments up until this last December). What can i do to speed up this process? When I ask her, she claims that she has been given advice to file bankruptcy. If she would, how can I protect myself in that situation considering I’ve signed a quit claim deed?2. I bought and own the car she drives and it is solely in my name. Can I take it if I so choose?3. I want partial custody and a better visitation schedule with my son, if not full custody. What are my chances of getting full custody?4. I own a business that has shown a slight loss over the last couple of years (bar) and also work in the oil fields making approx $90k/yr. I voluntarily give her $1800 a month for our son. Should I reconsider this arrangement or is it smart on my part to keep it this way?5. We never went before a judge, but according to CO law we one could argue we were legally married based on assets and time together. She is now engaged to be married or has already been remarried. We have never filed paperwork to null our relationship as we never had paperwork saying we were married. Could she come back on me and try to get alimony payments?
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Answered in 29 minutes by:
3/14/2018
Andrew
Andrew, Lawyer
Category: Legal
Satisfied Customers: 319
Experience: Attorney
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Hello I am a licensed practicing attorney with 20 years’ experience hopefully I can help with your problem. Please give me a moment to review and respond to your question.

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If you are legally married or had a common law marriage than assets and debts are divided equally. Generally where a party is paying the mortgage or car payment that party gets the asset. However the other party would be entitled to half of the equity in the asset.

1. Not much you can do to speed up this process. Regardless of whether you have signed a quitclaim deed the mortagage holder can still come after you if there is default.

2. This needs to be worked out in your divorce agreement as I said above whoever is paying the bill usually gets the asset.

3. The standard is joint custody. The only way you are going to get full custody is if you can show that your spouse is unfit some way drug use, criminal, etc.

4. Child support usually has guidelines based upon gross incomes of both parties and the amount of custody time $1800 sounds high. You would need a specific child support calculation in the area that your divorce would occur.

5. Due to fact that she has been remarried and that you have been separated for some time a request for alimony or support payments on her part would be very difficult for her to achieve. I would say next to impossible.

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Customer reply replied 1 month ago
We never filed a divorce as we both agreed that since I actual ally never moved there or changed my residency, we were not married. However I could see her going back on this verbal agreement since it’s not in writing.How would her filing bankruptcy affect me at this point? Could I take over payments of the house and sell it before that happens even though I signed a quit claI’m?

Unfortunately her filing for bankruptcy would cause the bank to go after you and could potentially ruin your credit. So yes I would ask her to deed the house over to you so you can take over the payments. As far as child support you probably need a joint custody plan to not only determine what your payments should be every month but what your custody should be. You can do this by formally filing for a divorce or filing for a paternity action. If asset and debt distribution is still an issue file for the divorce. If not file for paternity.

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Customer reply replied 1 month ago
I made a mistake when signing the quit claim and trusting her to refinance out of my name?As for custody. Her famous words have been. My family caused alienation if affection between us and also that by simply keeping in contact with me during her pregnancy it put her at higher risk and endangered her an the baby during that time. How much of an argument can she truly put up with that type of fight when it comes to our likely custody battle? She’s no dummy. She does her research and looks for any loophole possible. She also claims this has caused her PTSD.

Probably be better if you had a judges order in place first. However it routinely happens that spouses fail to make mortgage payments your only recourse at that point is to file for a contempt citation as either way you will still be responsible for the mortgage. So not really a mistake.

PTSD is not an issue she can claim whatever she wants. I would get a joint custody order pronto either through divorce or paternity action. It will set your child support and visitation otherwise she could take off and there is not much you could do about it.

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Customer reply replied 1 month ago
I am in the process of starting another business. Would being in litigation with her jeopardize getting that loan finalized?If I do go for custody and In return she filed bankruptcy, what’s your advice at that point? Could I make the payments (she started making them as of the first of the year) on the house to keep it from defaulting and therefore having her bankruptcy not affect me? I would assume it would matter if she would make the claim we were legally married and her other assets would be my responsibility?

Custody and bankruptcy are mutually exclusive and have nothing to do with each other. Getting a divorce/paternity should not effect your loan in anyway. You could certainly make the payments if the bank decided to go after you. If she decides you were legally married that is a divorce issue and the divorce court would determine that. The bank could care less what the divorce court says they will collect on you or her regardless.

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Customer reply replied 1 month ago
if the bank comes after me, even though I signed a quit claim deed, do I have the right to sell the house without her approval to save my credit? The house needs work but it lists on Zillow for $511,000. I owe $375,000. I’m certain it doesn’t need that much work and there would be some equity to split.

You can't sell the because it is not titled in your name assuming she filed the deed. You would need to get he on board unless you go through the court and you are awarded the house.

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Customer reply replied 1 month ago
Also, if I so chose, could I force the sale of the house right now?
Customer reply replied 1 month ago
Ok. Gotcha. Thank you.

You would have to get the court involved to do so.

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