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Im married but have been separted for 18 yrs i got hurt on…

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Im married but have...

Im married but have been separted for 18 yrs i got hurt on the job and recevied a settlement i put down 27000 thound dollars down on my home that i have lived in for 18 yeasrs now my husband onliy lived here for less than a year and never has paid anything on this house the mortage payment has all way come out of my acc now im refnancing and was going to pay off his trugk he has his own home for over 10 plus years can i get his name off of my home if he signs a quick ciaim deed and then file for divorce

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Washington state

Lawyer's Assistant: What steps have you taken so far?

No only started a refinance

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Only that he has never paid for anything that has to do with this home he gets hi ss and i dont think he is entitled to any part of my home i paid for it with the money i got for getting hurt on the job

Submitted: 24 days ago.Category: Legal
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Answered in 9 minutes by:
3/28/2018
Lawyer: Sean K, Lawyer replied 24 days ago
Sean K
Sean K, Lawyer
Category: Legal
Satisfied Customers: 429
Experience: Attorney/Member in Private Law Firm
Verified

Hi, I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It is my goal to provide a solid overview of your situation. Whether the analysis is good or bad as to your matter, I want to make sure you understand any points you need and that you have options to better address the questions you have. If I am able, I will also provide you with some resources. Please note that the system, independent from me, may offer a phone call. You are not obligated to engage in a phone call, but I am happy to speak if you desire. This is completely up to you.

So Washington State is a community property state which means property that was accumulated during the marriage is deemed community property and may be divided 50/50.

However that being said, the approach is to take advantage of the facts in your favor and create a situation where your husband essentially walks away from the house.

The first thing that would help would be for him to sign a quitclaim deed. This alone will not do it but it is an important first step.

As part of the quitclaim process, it would be very helpful for him to sign an agreement where he acknowledges that the house is your separate property. If he will do this, and a quitclaim deed, coupled with your making all of the payments and putting down money from a settlement, you will have as strong of a case as you can.

Even if he fights you on it, you have a very good position to attack the community property presumption. The three things in your favor are the amount of time separated, the money you put down and the money you paid.

This would be a back up, but for the back up you would likely need to fight him and pay attorneys fees to have an attorney help you.

The most efficient would be to have the quitclaim and agreement signed and that would likely be all you need to have him forego any claim to the house.

Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation.

If you have any follow up questions it would be my pleasure to answer them. As experts we only get credit for the time and effort we spend on our answers if you rate us positively - 5 stars is definitely appreciated but not required! There is no cost associated with you rating me and you can still ask follow up questions after rating me and I will respond.

One final point, there may be a delay between your question and my answer; this is because I'm either not at my computer or helping someone else but rest assured, if you ask, I will provide an answer. Thank you again.

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Lawyer: Sean K, Lawyer replied 21 days ago

I wanted to reach out and see if there was any additional follow up I could provide. 5 star ratings are always appreciated

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Sean K
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Category: Legal
Satisfied Customers: 429
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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