Divorce after Twenty years together Community Group

I want to start something for those of us that were married for a long long time. I think that we face a little different issues than those who were dating for a few years or even married for shorter period of time. Being married for so long we have older children some have grandkids dealing with teenagers and their reaction to the divorice empty nesters dating after 40...

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/ Divorce after Twenty years together Support Group

Quit Claim Deed

goldengir
goldengir
In our settlement, I agreed to have my name removed from the deeds on two properties that we owned together. It's time to sign the quit claim deeds. These are just standard forms, right? My attorney is asking that I allow her husband, who she practices with and who has some real estate experience, to review them to make sure that I am completely removed from any liability that might arise. By simply signing the form, wouldn't I be released from any further liability arising from those two properties? Or, is there more to it than that? Anyone have experience with this? My attorney seems to be looking for ways to up the billable hours before we're done. Just not sure how much of this stuff is really needed, you know?
dawnstl
dawnstl
Hi Golden Girl, signing the QCD will only transfer your ownership of property. If you have a loan on the properties, your X must refinance and get a new loan(s) without your name on it. If you have a loan and you only sign the QCD you no longer have ownership of the property but are still liable for the loan. Good luck to you!
goldengir
goldengir
Thanks! Had no idea!
Timeman
Timeman
dawnst hit it right on the head.
My x tried to remover her name on our house and loan.
No way.... Bank said NO.
Have to sell house or ( I'm not sure) refinance.
dawnnst said refinance... I have no reason to doubt her, just no experience
with it.
I know about your Lawyer ??????? I would be carfull with her/him.
Good luck....
Timeman
Misred
Misred
reply #1 is correct. Does the decree state the EX will refinance? If it does, you should be okay with signing the QCD as ordered. Not sure what to say about your lawyer using her husband. Seems to me as a lawyer offering a service, it would benefit herself to learn this for her practice as apposed to outsourcing work.
goldengir
goldengir
Decree does not state that ex will refinance.
Misred
Misred
What does it say in regard to the home? That he is to sell it? This could be a sticky wicket if he doesn't do anything. If he gets behind in payments or stops paying the loan, they will come after you. I signed one for the house and the EX refinanced. He signed one for my car and I just paid it off with my settlement.
goldengir
goldengir
I sure am glad I asked this question here. Thank you for your replies.

As it turns out, because of what I found out here, I asked my husband if my name was on the loans for either of the properties we owned. I was on one of them. So, I asked my attorney if he needed to refinance and she said yes! Why didn't my attorney mention this!!
dawnstl
dawnstl
I was wondering the same thing about your atty. Very concerning! A lot of people have the same misunderstanding about only needing to sign a QCD. I'm a paralegal and worked in a real estate law firm for many years. Even my own STBX tried the QCD route on me. He should have known better. ;-) Very glad you're getting it worked out.