house

[hsb123]

My ex-wife and I bought a home together. In the divorce decree, she was awarded full ownership of the house. Only my name was on the mortgage at the time. The divorce decree stated that she would have to secure her own mortgage for the house, which she never did. Three months later she abandoned the house and told me to sell it. We executed a quit claim deed removing her from the title in order to facilitate the sale of the house. I arranged for a short-sale of the house with the mortgage company. The mortgage company is requiring $5000 or a promisory note at closing. I approached her at providing the money to satisfy the funds necessary in excess of the sale price ($5000), and she said that her lawyer had advised her that she had no legal obligation to make any payments whatsoever. I am unsure whether or not I will be able to recover any money from her that I paid to the mortgage company and would like more information prior to seeking advise from a lawyer and incurring additional legal expenses. Any advice is greatly appreciated.

 

[seniorjudge]

If you had her sign a quit-claim deed to you, then why do you think she should pay anything>

 

[hsb123]

If you had her sign a quit-claim deed to you, then why do you think she should pay anything>

I had her sign the quit claim deed because she had abandoned the property, with my name still on the mortgage and deed, to avoid my credit from being completely ruined. I was advised at that time to try to find a way to deal with the property myself, and then to sue her later. Is there no recourse?

 

[seniorjudge]

Q: Is there no recourse?

A: You had her give up all interest in the real estate.

 

[hsb123]

Q: Is there no recourse?

A: You had her give up all interest in the real estate.

I am assuming you are suggesting I should not have had her sign the quit claim, and instead just taken her to court at that time (who knows how long that would have taken) and had my credit destroyed. Is that correct?

 

[seniorjudge]

I am assuming you are suggesting I should not have had her sign the quit claim, and instead just taken her to court at that time (who knows how long that would have taken) and had my credit destroyed. Is that correct?

I said nothing even remotely resembling that.:no:

You had her give up all the rights she had in the land.

You cannot now ask her for something.:nuts

 

[hsb123]

I said nothing even remotely resembling that.:no:

You had her give up all the rights she had in the land.

You cannot now ask her for something.:nuts

Rights? You mean her obligation that she neglected?
A better way to phrase it would be "she absolved herself of any responsibility and weasled her way out of it" than "giving up her rights". Actually, of all of the advice I have sought, you are the only one suggesting I have no legal rights to go after her, so I thank you for your time.

 

[Duranie]

She is already off the house and it sounds like but you need to ask your attorney. You might want to modify the settlement so that you get the house since your name is on it and she has not made any of the required payments.