Mortgage problems

Unless it’s written in your separartion agreement that she must sign a quitclaim, then there isn’t a way that I know of to make her do it. If you’re not divorced (and ED is still being settled) then the same deal.

With my situaition 5 years ago, I had it written that my ex would sign the quitclaim within _____ months. I then had to turn around and refinance the house so that the mortgage was in my name only. My ex had horrible credit and he was riding on my GOOD credit (by still being on the mortgage agreement)until I refinanced. It is MY understanding that just because a quitclaim is signed, it does not relieve you the right to the mortgage unless its refinanced…it only relinquishes any claim to the property by the other party.

I hope I’m not steering you wrong here or misunderstanding you. I have tried to follow your story through the many different strings you’ve written. OH…and by the way. She has no right to ALL the marital property unless you gave it to her in an agreement.

It is in the agreement that she must sign the quitclaim and I must either begin to refinance in my name or sell within 90 days. The problem is that she has had the agreement on her desk now for almost 70 days and no signature has been placed on the paper. The ED paperwork has to get filed and my lawyer is a little slow on the draw. I know that just signing the quitclaim doen’t absolve her of responsibility on the mortgage, but I was wondering if there was a way to legally light a fire under her to get going.

Dear ssteach714:

Greetings. Yes, you can file a Motion for Interim Distribution. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax


The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

My soon-to-be ex wife and I have a mortgage on our home. She has moved out and has a home of her own. Whether she bought it by herself or whether my in-laws fronted her the money and she’s paying the bill is an unknown. She has yet to sign a quitclaim agreement and I have been back in my home since January 2, 2007, after some other legal proceedings that went on which kept me out of the residence. Is there a way, aside from nagging her lawyer, to legally get her to sign off on this agreement. It is obvious she wants nothing to do with me or the property or she would not have vacated the property, bought a new home, or taken all of the marital property with her.