Quit Claim Deed

You're right to think he'll stop paying. Right now he's most likely being "nice" because defaulting on the mortgage will mess his credit up big time. The minute his name is off that deed- you're screwed.
Best of luck.

I have not been through this, but I will be going through it soon. As far as I know, the quit claim deed will give you full ownership of the house. If he is on the mortgage, he will stay on the mortgage until you can refinance. If you can't refinance, there is not much he or the courts can do to compel you to do so.

But YOU should be paying the mortgage with your joint assets. After the divorce, you will be paying the mortgage with child support, alimony, and any income you can bring in. If you don't pay the mortgage, you will go into foreclosure, and it will trash his credit too.

You might have to sell the house if it becomes too much of a financial burden. But selling a house with a combative spouse can be worse than the divorce process itself. I recommend waiting until he signs the quit claim deed and the divorce is final. That way, you have control over the whole process. Good luck! And yes, hire an attorney. You know, he is responsible for your attorney fees, right?

Please PM me for some details...

I will say, that if my ex had NOT been a dead beat with regard to child support AND spousal support, I would not have lost our home.

IF I had been smart, I would have had us SELL the home as part of the settlement.

I was stupid. I trusted that even though he was a drunkard and an abuser, he would live up to his obligations.

He did not.
:(

PM me...I will share more details that 'may' (or may not) help.

In the meantime...(((hugs)))

Best!

Removing one's name from a deed does not remove them from a mortgage, just like adding someone's name to a deed does not make them financially responsible to pay a mortgage.

That said, deed or no deed, if he's a jackapple he can decide to stop paying at any time. In both circumstances it will hurt his credit history so he'd really have to want to stick it to you to do it.

A good lawyer would advise him to NOT sign a quit claim unless you refinance into your own name, which you said can not do since you can't afford the home. Honestly, he has all the power for this particular thing unless he chooses to give it up.

Because you can't afford the house on your own, what is likely to happen is that you'll be court-ordered to sell it, possibly splitting the proceeds depending on the other assets and financial factors.

"It is important to recognize that a quitclaim deed impacts only the ownership of the house and the name on the deed, not the mortgage. For instance, in the case of a divorce, if both spouses’ names are on the home loan, they are still both responsible for the loan even if a quitclaim deed has been filed." http://www.realtor.com/advice/need-quitclaim-deed/

I refused to sign a quitclaim until my name was off the mortgage. I knew that signing the quitclaim deed before I was removed from the loan meant that I would have no claim on owning the house but would still be responsible for paying for it. So, it wouldn't make sense for your husband to give up his rights of ownership when he is still responsible for paying for the house.

On the flip side, he is responsible for paying whether he signs the quitclaim or not, because the quitclaim does not effect the loan.

He can also choose to stop paying at any time and the house could go into foreclosure. You will have no control over his decision to pay or not. I wouldn't rely on his being "nice." I also wouldn't "drag out the process" because that only leaves you vulnerable to his whims without legal protection in regards to his legal financial responsibilities. Having at least a legal separation agreement in place will protect you and the children.

If you cannot pay the mortgage, you will need to sell or he will get the house, unless there is enough alimony and child support awarded to you to make the difference in your ability to pay the mortgage. All of that will be up to the divorce court.

It is hard when you are in this place to face some things that are very emotional and yet it is vital that you get really clear about the reality of your situation. This is the time to compartmentalize and become mama bear and do what needs to be done to support yourself in being able to support your children. Talk to your attorney and move the process along so that you have some financial decisions made legally so that you know what your next steps need to be.

You need a lawyer. Stop trying to do this by yourself!!

I can't give you any information on your question, I'm sorry. Please get a lawyer.

Here's some answers... but really. Get a lawyer..

http://www.womansdivorce.com/divorce-and-quitclaim-deeds....

Julie S is spot on.

By the way, don't go by a book. You need an actual lawyer.

oh, my dear, don't place your home and that of your kids in the hands of a man whose vagaries are so......vagary. sell the house, split the proceeds, move into a place that's more affordable.
what a miserable process. best of luck to you.
khairete
S.

ETA

I'm so glad you addressed my thoughts. It sure makes me feel better for you and your situation.

I would get legal separation/temporary custody and real estate papers drawn up if that's at all a possibility. That way he's saying he'll still support his family and exactly what each of you are legally responsible for. This way he can't just say "Oh, I've decided I'm done paying anything".

I worry since he's been so disreputable and stolen money from his family in April if he'll keep doing anything he agrees to now.

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Just to say it again, he will NOT have to pay your bills once you divorce. Obviously you know this and that's why you want to drag it out.

Purple mom, he told you in April he wanted a divorce and he took all the money. He's already shown you what he's going to be like.

If you don't have a job and are able to PROVE to the court you, only on your own wages, that you can support your children the judge is likely to go against any arrangement you two have made and just give them to your husband.

The judge CAN override any document brought to his court.

Women are losing custody of their kids, having to pay their ex child support AND spousal support.

SAHM's do NOT get any leeway from the judge, they worked all their lives and think you are lazy and don't deserve anything from the marriage.

YOU need to get a job of any sort, take some evening classes and work towards getting some sort of certification or degree where you can enjoy getting up each day and going to a job.

Your kids will both be gone in a few months, it's not that long til the 16 year old will be moving out on his/her own or off to college. You will be stuck in the house you live in all alone. If you can't afford this house now you certainly can't afford it when they're gone.

Your life has changed. You are in denial it seems from this post. YOU can no longer afford your 6 fugure lifestyle. It is OVER. You must get your own life moving forward now.

Find an apartment you can afford on your own income, leave him to deal with the house and selling it. File for him to either buy you our OR sell it for the true sale value that it appraises for. He can sell it for $5 and let them take over the note otherwise.

If your vehicle isn't paid for then you need to have him pay it off in the divorce settlement. Have him provide 1 year insurance on it for the premium amount.

You should get half of his retirement. IF the judge sees fit to award that to you. If YOU look greedy and needy he may just say that your husband worked for that and you didn't. It "could" happen.

So many things can go wrong with this and all of it looks badly for you when YOU stand in front of that judge. His job is to judge you and decide what you deserve or don't deserve.

If you are out there working and showing everyone that you are an independent woman and not co-dependent on this husband for his income then you'll look better to the judge.

I hate you're going through this. He is an A&& for taking all the money. You need to watch out for yourself.

The Quit Claim Deed and the Mortgage/note have nothing to do with each other. I'm sure your Attorney knows that and if he doesn't please get a new one ASAP.

I did use a Quit Claim Deed and so glad I did! I pushed to arrive at a Settlement Agreement quickly, b/c in my experience those who drag things out find it only gets nastier.

Even if his names remains on the mortgage he may stop paying the mortgage. Sometimes evil is the key - watch out! Only a fool - not an evil Ex - would agree to sign the house over, but stay on the mortgage. In theory it's feasible, but not likely.

Are you using separate attorneys to handle the divorce? Since he is evil, you need an informed, legal advocate. If you have considerably less money, he can be required to pay the fees.

How much equity do you have in your house? If it is yours via the QCD, you have options: refinance at a lower rate, sell it and buy something you can afford on your own, or take out an equity loan to finance an inexpensive community college education for a trade that pays well - legal secretary, paralegal, or something in the medical field (NOT medical billing!) such as a dental hygienist, Xray tech, etc. Before enrolling do your research on demand and pay for whatever you are considering. Stay away from costly private scams by contacting the Federal Trade Commission, Attorney General's consumer protection division and other similar watch dogs.

A Quit Claim deed also may have downsides: you have the property, therefore he may get a reduction in child support. However, you do not have to agree to this, esp if you have greater responsibility for the children and/or he earns much more than you.