Advice on getting her to sign the quitclaim deed??
BM and FDH signed a loan together for his house back in 2007. Even when they were together, FDH made all the payments. They only lived together for a few months in that home, and she moved out. Last year FDH tried to get her to sign the quit claim and she refused. He told her that if he ends up getting foreclosed on (just a threat) it would hurt HER credit too. She said she doesn't care because she already has bad credit. Of course, every payment we make is a good thing for her credit now.
Over the past three years, FDH and I have done a ton of updating to the house. Hardwood floors, new carpeting throughout, taken down old wallpaper and re-drywalled a few places, paint everywhere, all trim, cabinets, new appliances, etc. FDH's realtor friend is estimating the house to go for atleast 10k more than he paid for it.
We'd like to put it up for sale in the next year whether or not we relocate. I'm pushing FDH to try to get that quitclaim signed again.
I told him let's divide the mortgage payment in half for the last 4 years and threaten her that she owes him that money or else she needs to sign it (equals over 17K). Will that work? Obviously we can "prove" that she hasn't paid it ever if we need to.
Is there another method that will work? Any advice?
(I want to add that they were NEVER MARRIED...so there is no divorce settlement or agreement about the house other than a verbal agreement when seh moved out.)
- SteppingUp's blog
- Log in or register to post comments
Comments
Yes sorry, loan and deed both
Yes sorry, loan and deed both half.
And yes, FDH has been living in the house the whole time. You bring up a good point.
Okay but even if she said
Okay but even if she said that, wouldn't they need a lease to prove that it was agreed on that he would be "renting" the house?
And how can you be a renter
And how can you be a renter if you're a co-owner?
Okay. Well our point is to
Okay. Well our point is to just get her to sign the piece of paper, we're not really concerned about getting her to pay anything...just hoping the threat of it might help her to sign it and maybe she will be too stupid to think of any counter reactions.
I am not following this
I am not following this comment...I feel like you're making a snarky comment/making fun of me?
Ok I get it now...haha
Ok
I get it now...haha blonde moment.
Yes I'm hoping our realtor would be right but it does look like a few other homes in our neighborhood without renovations are going for higher than they were a few years ago. We live in a growing city.
Nice dig at the OP, however
Nice dig at the OP, however not accurate.
Not every house has lost money in this economy. Some markets have sustained their value and some have still gained. I have rental properties and they have only lost about 10% of their value. Still way more than I paid.
Also, it is spelled Realtors.
I think I'll definitely have
I think I'll definitely have him call the bank and see what their advice might be. We really don't want to get a lawyer involved but we might have to.
This is a BIG problem,
This is a BIG problem, because it means that she OWNS half of that house whether or not she put a penny into it or not. You might be able to get her off the deed & loan by refinancing, but that would need her signature as well. However, this might be easier than trying to get her to sign the Quitclaim. By refinancing she would need to provide all her financials again which chances are she won't want to do therefore she'll be forced to sign the Quitclaim so she won't be on the new loan.
The deed and the mortage are
The deed and the mortage are two completely different things but often tied closely together. Probably the only way to get BM's name off of your mortgage and the deed is to refinance the house. Most banks require that the deed information match the mortgage information kind of like with vehicle purchases as well.
Even if she were to sign the quit claim deed, it's really not going to get you anywhere as her name is still on the mortgage... that is what is helping her credit not the deed. Unless there is something written in the divorce agreement in regards to the sale of the house after the divorce, she wouldn't be entitled to anything should you guys sell the house.
Why on Earth was that not included in the divorce agreement.. that whoever stayed in the home would have a reasonable amount of time to re-finance and remove the Ex from the mortgage? No way, no how, would I let my name stay on a loan of that calibur if I had no control over whether it was being paid or not! Guess if her credit already sucks she doesn' care??
They were never married, as I
They were never married, as I stated at the end of the post.
Thakns for the info!
oops sorry.. missed that part
oops sorry.. missed that part about not being married! I guess she could certainly try to take 1/2 of any of the proceeds of the sale of the home if you guys sell, but I can't imagine any judge not requiring her to provide proof that she has been paying on the mortgage, (which she hasn't) so I don't think you have anything to worry about other than the fact that you are helping her credit and going to have to be at her mercy should you sell the house to sign the quit claim deed.
She is probably just liking the power trip of refusing to sign or having a pipe dream that she might get something down the road... keep dreamin BM.
She can NOT be made to
She can NOT be made to reimburse her for mortgage payments. What stinks is that if she will not sign, and he sells the house…legally, she is entitled to half of the profits, if any at all. Now if you sell it for a loss, she will be responsible for half the loss also. (I think this is correct, not 100% though)
Why has your DH owned a house so long with someone he does not live with…?
^^THIS^^ Exactly. DH has been
^^THIS^^ Exactly.
DH has been foolish leaving her on this for so long. If it gets sold, BM gets HALF.
There isn't a chance you'll get her to pay half the mortgage for all this time.
Yup, silly typical FDH who
Yup, silly typical FDH who doesn't want to rock the boat. "Someone" told him if he does sell the house he can prove that she hasn't made payments but I'm too leary of that. When I first moved in he was still in proceedings with a lawyer over child custody with her....and then when that was all done and the 4k lawyer payment was due he didn't want to go through more trouble to get this taken care of.
I think we're probably going to have to suck it up and refinance to get her name off of it.
I would absolutely refinance
I would absolutely refinance and take her name off. However, to get her off the title, I think you'll need to buy her out (gag) or take it to court.
This is a mess. Don't buy a house with someone you're not married to! At least if you divorce, there's a court that handles this crap.
You will probably need to
You will probably need to take this to court and have a judge order her to sign. But--he may require you to pay her equity. Of course that wouldn't be fair since your DH did all the work and made all the payments but the house is half hers. She would be stupid to sign it as she will share in profit when it is sold as it stands. Deciding to buy a house with someone you are not married to is often a big mistake as you can see. At least in a divorce, the asset would be disposed of one way or another.
Oh, as for paying half the mortgage--she had the liability of ownership but did not have the enjoyment of possession....
Someone" told him if he does
Someone" told him if he does sell the house he can prove that she hasn't made payments
+++++++++++++++++++++++++
No one will care about who made the payments. sorry. He has been buying BM a house all this time. GAH!!
Sorry this all gives me de ja
Sorry this all gives me de ja vu. The Behemoth had GG sign a quit claim deed on the marital residence that HE fixed up with HIS money and HIS labour. She did nothing as a sit-on-her-ass BM.
He signed it away, she sold it for a handsome profit and, as usual, kept all of it.
Thanks for sharing. No, we
Thanks for sharing.
No, we haven't asked if she'd like to buy him out but I don't think she could afford the mortgage payment to do that. But it is definitely an option!
i'm going to have FDH check with the lending company to see if we can roll a refinance fee into the mortgage loan...I've heard you can do that, and it's hte only thing that has really held us back because we just don't have the $7K to refinance.