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Old 08-20-2013, 06:46 AM
 
1 posts, read 694 times
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A year and a half ago, I bought a house (mortage/loan in my name) in Charlotte, NC Mecklenburg county and placed my name and my Fiance's name on the deed. We are separating, and she said she agreed to sign a quit claim deed. It wasn't till tonight that she said she would fax over her signature later after she moved out of state next week. My question is what if she decides to never sign the quit claim deed and just waits till the house accumulates value and try to claim money years later. Its a brand new house, selling it now would actually cost me money out of my pocket. What can I do from a legal stand point to prevent her from doing this? I've made every mortgage payment from my personal account, she's never contributed any type of payments in the 16 or so months we've been here and she's been unemployed for the last 4 months. I've agreed to let her keep the engagement ring in exchange for her giving up her name on the deed. Please any advice is welcome. She also said she wants something notarized that the ring would be a gift and I wouldn't take her to court. How do we go about getting a document written up like that? do we need a lawyer, or is it something we can just write up and have it notarized?

Last question is title insurance, both of our names are on it, is it a difficult process to get her name removed? Lots of paperwork or is it just something I can call to the insuring company and talk through?

edit: can anyone recommend any lawyers that aren't too expensive to assist with this process

Last edited by t1981; 08-20-2013 at 07:29 AM..
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Old 08-20-2013, 07:29 AM
 
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I would ask to move this over to the real estate forum where they can help you.

Only thing I would suggest is do not give her any papers regarding anything till you consult a Real Estate attorney and best protect your interest.
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Old 08-20-2013, 09:14 AM
 
Location: Charlotte, NC
1,969 posts, read 2,973,866 times
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If her name is on the deed, the only way you are going to get her name off the deed is through her cooperation. The best thing that I can do to ensure her cooperation, is have her sign a contract stating that in exchange for keeping the engagement ring, she will quit claim the house to you. Best to get it notarized as well. That way, if she balks at you down the road, you can sue her to get it done. I would also put a set cutoff date in it, like by 12/31/13 or something like that.
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Old 08-20-2013, 11:02 AM
 
Location: Charlotte
279 posts, read 344,266 times
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If her name is on the mortgage then her signing the quick claim deed will not release her from the mortgage responsibility. If she discovers this, then she would be crazy to sign the title over to you. If you, for example, stop paying, the bank will come after her for the money. Bad for her, not necessarily bad for you.

I know an unmarried couple that split up. One party signed the deed away. Years later the party with the house lost their job, bank came after the second party for payment. 2nd party's credit also ruined due to non payment on mortgage by first party.

The only way to completely end this is for you to also get a new mortgage on the place. That is, if she is on it. It then becomes a simple matter of resolution at the closing. Sure it's going to cost some money. Sell the ring and use it to pay the expense. I can't imagine why anyone would want to keep such a thing anyway.
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Old 08-20-2013, 06:06 PM
 
Location: State of Being
35,885 posts, read 65,336,261 times
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Quote:
Originally Posted by Barфsa View Post
If her name is on the mortgage then her signing the quick claim deed will not release her from the mortgage responsibility. If she discovers this, then she would be crazy to sign the title over to you. If you, for example, stop paying, the bank will come after her for the money. Bad for her, not necessarily bad for you.

I know an unmarried couple that split up. One party signed the deed away. Years later the party with the house lost their job, bank came after the second party for payment. 2nd party's credit also ruined due to non payment on mortgage by first party.

The only way to completely end this is for you to also get a new mortgage on the place. That is, if she is on it. It then becomes a simple matter of resolution at the closing. Sure it's going to cost some money. Sell the ring and use it to pay the expense. I can't imagine why anyone would want to keep such a thing anyway.
I believe from what OP said that only his name is on the mortgage note. Her name as well as his is on the deed.

A quit claim deed is the way to work this . . . and I think TOPCHIEF made some excellent suggestions as to how to make it happen and have proof of the transaction.
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