Q: What can I do about a quit claim deed that my ex spouse has not used?
My wife and I divorced 2 years ago. We both signed a quit claim deed in front a notary, "giving her the house" which was never filed in court or anything, she still has possession of it. She has still not sold the house, or taken my name off of the loan. I am still paying the mortgage. We made another "deal" that we had until June, before she would decide if she wanted to stay at the house and keep it, and take me off of the mortgage, or she would move and I would take the house back. I am still paying the mortgage on the house, she is not. She is living in the house, I am not, although I still have all my belongings and vehicle there because I work overseas. She has decided recently that she wants to sell the house. Can she sell the house without my "permission" because she has that quit claim deed? Even though I am still on the mortgage and I am paying for the house? Does the fact that she never filed the deed with the courts mean anything? Does the quit claim deed remove my rights?
A: I assume you did not have an attorney, as no attorney worth their salt would have allowed you to sign a quit claim deed while still on the mortgage. Hopefully there is something in the divorce judgment that addresses this issue or you are for lack of a better word very likely screwed. Essentially, it appears you are in the worst position possible of being responsible for paying for property you no longer own. You need to consult with an experienced property law attorney ASAP before things get any worse.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
