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BM won't sign the quitclaim deed on fiance's house...What is her reason?

SteppingUp's picture

Submitted by SteppingUp on Thu, 10/28/2010 - 10:06am

DF and BM bought the house I now live in together, although BM only lived there for about 6 months before they broke up. She hasn't paid a dime since then, and DF has been making the payments alone for about 2.5 years. Every few months he gets sick of seeing BM's name still coming on the statements and it reminds him to ask her if she'll sign the quitclaim deed paperwork. She always says no.

About a 1.5 years ago, BM was filing for bankruptcy. She used it as an excuse to get out of paying for a TON of stuff (her parents ended up paying her lawyer bills, her rent, her car insurance, etc). We think she was using the house at that time to say that she was paying all this money towards something (that was in her name) so that she would have more clout with filing her bankruptcy claims (FYI she never went through with the bankruptcy claim and is sitting pretty now on her $1000/month child support).

DF knows that her name is still on the house if she signs the quitclaim and that it would cost about $7,000 to actually get her name OFF the house (bc he'd have to technically refinance). He just wants to be able to prove one day that he's the only one making the payments on his house, if there's ever a problem in the future.

DF asked her a few weeks ago to sign the quitclaim deed again and she AGAIN refused to do it.

In our opinion, she has no reason NOT to sign it. She hasn't made payments in 3 years (even when they were together she wasn't contributing to the payments). It would affect her credit negatively if DF were to not make his payments, or if he ended up getting the house foreclosed on.

I don't know a lot about this stuff...what's the underlying reason why she won't sign this?

Comments

WickednNasty's picture

Submitted by WickednNasty on Thu, 10/28/2010 - 10:21am

Please make sure he keeps track of every payment. Sounds as if this Gold Diggin Witch is going to try and take a payday out of it. Her name needs to come off that house one way or another. If someone sues her or she racks up a bill, a lein can be placed on that home. He should see a Lawyer.

SteppingUp's picture

Submitted by SteppingUp on Thu, 10/28/2010 - 10:32am

Okay I did understand that somewhere in my head but I couldn't find the words to explain it Smile Like I said, I don't know much about this stuff! I do know that if she signs off on the quitclaim that she's basically signing off on the title, but that she's still on the mortgage.

I'm worried that some day when we want to sell she will come back and try to get half the money.

sixteensmom's picture

Submitted by sixteensmom on Thu, 10/28/2010 - 10:45am

that's exactly what she'll do. you wont be able to sell without her signing, and when you do sell she will want half the equity. run, dont walk, to your attorney and compel her to sign it now.

skylarksms's picture

Submitted by skylarksms on Thu, 10/28/2010 - 10:25am

How important is your DF's credit standing to him (and you)?

Oh, nevermind. I guess if BM is willing to do a bankruptcy, it wouldn't matter to her if her credit gets trashed...

DaizyDuke's picture

Submitted by DaizyDuke on Thu, 10/28/2010 - 10:38am

It's because that mortgage is still showing up on her credit and it's probably the one thing she is counting on bringing her credit score back up due to the bankruptcy. So you and DH are paying the mortgage on time every month, but that's also showing up on HER credit and making it look like SHE is paying it.

Or maybe she's just being a total beeotch. Sad

LizzieA's picture

Submitted by LizzieA on Thu, 10/28/2010 - 12:03pm

I think because she wants to be part owner and reap a benefit. And be a pain in your butt, because she knows that's not fair to DH. You will need to go to court and get the judge to order it. He may still have to give her some equity and he will need to refinance. She shouldn't sign the quit claim until the refinancing is done because she is still responsible for paying the mortgage but will not have ownership of the asset (house).

This is how it works:
1) decide on what is fair buy-out (if any). Did she contribute to down payment? etc. If you can't come to an agreement, you will have
to go to court
2) DH refinances, including the money to pay her off, if any
3) She signs the quit claim as condition of her getting the money and released from debt. Sometimes this is signed and held by lawyer until refinancing is complete, then filed with county.

SteppingUp's picture

Submitted by SteppingUp on Thu, 10/28/2010 - 2:08pm

Thank you all!!

I copied all of those responses and emailed them to DF so that he sees it's not just me saying he needs to do this so that I don't have to see BM's name on our mail...it's for a lot of great reasons that are very important to us, given that WE have a home together and will be marrying in the next year.

Great advice...thank you thank you!

Rags's picture

Submitted by Rags on Thu, 10/28/2010 - 2:37pm

Control and money. Once she signs the Quit Claim she has no claim on the house and looses a leash that she controls your BF with.

Time to sue her to get her to sign. Of course your BF will propably have to buy out her share of equity on the home.

Good luck.

notasm3's picture

Submitted by notasm3 on Thu, 04/19/2018 - 9:10pm

I know she's a horrible person so this is no defense of her, but I would never sign a quit claim on a home while I was still on the mortgage.  To me it's a two piece transaction - I would remove myself from the deed once the other party removes ME from the mortgage.

Way too many people get screwed by giving up any claim to the home while they are still held liable for the mortgage.  That's just saying "Oh you take the asset - but I'll  still be responsible for that mortgage if you default.".   It's like co-signing for a car when you are not on the title.