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Quit claim deeds in Ohio
- Thread Starter LLea
- Start date
adjusterjack
Super Moderator
Yes.
Tax Counsel
Well-Known Member
If court order in your divorce said that you get the house but that you have to refinance to remove his mortgage obligation and you don't do it then the court may order the house sold to solve the problem, giving you the excess after the mortgage is paid.
zddoodah
Well-Known Member
Ex-what? Ex-boyfriend? Ex-husband? Ex-something else?
Why did he quitclaim the property to you?
In the abstract, virtually anything can happen. With virtually no relevant facts, it's impossible for anyone here to evaluate your issue intelligently.
He is an ex-boyfriend. When I was trying to refinance, he went into the title company to quitclaim the house to me so he could move out of town. I had no clue he would do this. The refinance fell through because of an underwriters mistake and I later found out I did not qualify after being told I did. My ex did not pay the mortgage and it fell behind which showed up during the refinancing attempts. I have since paid the mortgage on time for the last two years. I can't refinance because of my debt to income ratio. The title company gave me the quitclaim deed without conditions and I registered it upon a suggestion from a Butler County Judge.
adjusterjack
Super Moderator
army judge
Super Moderator
Accepting real property via a quit claim deed is perilous at best.
I would suggest, if asked, never to convey (or accept such conveyance) property via a quit claim deed.
The preferred conveyance (in my humble opinion) is a warranty deed.
A quit claim deed purports to convey the owner's total interest in the property, however it contains no warranties regarding the title.
That is to say, there is no assurance that the title the owner holds is valid and marketable.
That means that the deal only transfers whatever rights of ownership that the seller has at the time of transfer.
I could sell you my interests in a property for $500 via the quit claim process.
If I had NO valid ownership interest in the property, that is what I'd be selling/scamming you for $500.
As you've now learned, the quit claim deed has created additional issues for you.
Banks (and other lenders) won't finance real estate if the conveyance used can't prove a REAL interest in the property "free and clear" of encumbrances.
You might wish to visit a couple local real estate attorneys to discuss the path forward regarding the home you thought you could procure.
It is very doubtful that internet discussion boards will be of much assistance you regarding complex legal matters.
I wish you all the best moving forward.
zddoodah
Well-Known Member
Just so you know, that doesn't make any sense. His ability to move had nothing to do with his ownership of property or giving up that ownership interest.
Getting back to your original question...
No, unless you and he entered into a contract that requires you to do this. Had he not quitclaimed his interest in the property to you, he could have filed a lawsuit for something called partition, which is essentially a forced sale. However, since he no longer has an ownership interest, he may not be able to do that. The only thing that seems a little sketchy to me is the manner by which you acquired the quitclaim deed and recorded it. You told us that he gave the deed to some title company for reasons that aren't really clear and that, sometime after that, the title company turned over the deed to you (again, for reasons that aren't particularly clear). It's possible that he could seek to void that deed, which would then allow him to sue for partition.
Good questions.
He gave me a gift along with the gift letter to assist in a refinance. He didn't want to be present for the refinance and went into the title company and quitclaimed the house. When the refinance fell through (partly his fault for not stating where the funds came from) the title company turned over the gift money and quitclaim deed to me without instructions. I talked to a judge that suggested I register the quitclaim deed after he read the first complaint, stating it was bull. Now my ex is taking me to court to force a refinance, partition or foreclosure. I have made every payment on time. He wants over half of the equity but only lived in the house for 1 year. I have lived in it for three years. He first filed a claim for the return of the gift money because he claimed it was conditional. I learned you can't give a conditional gift on a refinance. In this matter, a gift is a gift and it is fraud to say you want it back when you said in the letter that you didn't expect repayment. I had not registered the quitclaim deed until after his lawsuit against the money. His lawyer stated in the claim I had possession of the quitclaim deed and didn't think it had been registered. I registered it after speaking with a judge. Plaintiff amended his complaint to say I stole his property after I registered the deed. The attorneys I have spoke to says his claim is weak. So what are my chances of not having to sell my home. I have no place else to go. This home accommodates my special needs son also. This is a hardship case for me. I can continue to pay the mortgage and will do so, but we have no place to move.
zddoodah
Well-Known Member
67.29%
Seriously, folks on a message board who haven't seen any relevant documents or pleadings in the lawsuit have no conceivable way of intelligently assessing this. You need to retain an attorney.
army judge
Super Moderator
Most attorneys will meet with you for the first consultation at no charge.
You can then ask what it would cost to represent you.
Before you choose any attorney, make sure he/she provides you with a written retainer, explaining what will be done for you at what price.
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