addendum to separation agreement VS. quit claim
This is a discussion on addendum to separation agreement VS. quit claim within the Divorce, Separation, Annulment forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; My wife and I seperated in Feb. of this year. She drew up the separation papers herself. In the agreement ...
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My wife and I seperated in Feb. of this year. She drew up the separation papers herself. In the agreement it stated that husband would quit claim deed the property in question (our house). Both of our names are on the deed, I did quit claim deed the property to her. Now she is about six months behind on the mortgage. She has gone through almost all of the process of a loan modification. I want my name off of the house. Here is the problem, she gave me the impression that my name would magically come off the mortgage and I would be free and clear. Well I did some investigation and found that this is not so. I would still be financially responsible. She has offered to create a addendum to the separation agreement stating that the house would be out of my name within five years, or sold, and have it motorized. MY QUESTION : would the addendum claiming that she have the house out of my name in five years hold up in court (even with the quit claim deed) in all situations that could pop up? I am trying to get everything finalized , not step into another 30 year contract. Additionally you should know that the house is in the final stages of foreclosure and is scheduled for auction in Feb. The papers for the modification loan are in the mail and will be here Monday or tuesday. I just want to know that if she signs saying that she will sell or refinance in five years that with the notorized document that I can hold her to it in court.
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#2 |
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Join Date: Dec 2009
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I wish to inform you that you may make your wife liable. In this regard if the agreement provides that you will not be responsible to house but if you are made to pay then you ca make your wife liable. Quit claim deed will enable you to relinquish your right in the property but your liabilities may not be relinquished. If you make an addendum to the agreement then you may specifically mention terms in the agreement.
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#3 |
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Sorry to say, but you didn't do your homework.
As far as your credit, it's probably already been affected. Why did you agree to sign your name off the deed before this went before a judge? If the house is already that far into foreclosure that it's due to auctioned in February, ask yourself how she has any power to add this addendum and honor it. She cannot. The house is no longer even in HER name, deed=wise. She has no bargaining power. Don't sign anything she presents to you. Once the house is foreclosed upon, sorry to say, but your credit rating is going to take a huge hit. Also, you and her will owe whatever remaining balance the auction does not cover unless the bank is willing to forgive the remaining portion of the loan. She cannot offer you anything in writing at this point and have it be enforceable. Further, you already trusted and believed her word and look at the mess she got you into. |
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This thread has 3 replies and has been viewed 1879 times
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| Thread | Thread Starter | Forum | Replies | Last Post |
| quit claim deed and forclosure | gapoole | Buying & Selling Property | 2 | Aug 1st, 2011 10:12 AM |
| QUIT CLAIM... IS IT REVOKABLE ? | Unregistered | Other Real Estate Law Matters | 0 | Apr 5th, 2009 12:25 PM |
| What is the purpose of a Quit Claim Deed? | Dawn | Divorce, Separation, Annulment | 4 | May 15th, 2008 09:32 PM |
| Quit Claim Deed and a Mortgage | Unregistered | Other Real Estate Law Matters | 1 | Jan 14th, 2008 08:53 PM |
| Separation agreement: Do I have to go to court to change the existing agreement? | Unregistered | Child Custody & Support | 1 | Jan 12th, 2007 09:35 AM |
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