Quit claim deeds


#1

I have another question. Can my ex legally say who stays at my house just because his name is still on the mortgage. He says that he doesn’t want my boyfriend staying with me overnight until his name is off of the mortgage. He says he will call the police if he finds out that he stays here(He finds out from his sister and by asking my children when he gets them on the weekends and he claims by some of my neighbors). I feel that this is some sort of revenge or anger because I don’t understand how he can say this when he moved in with his girlfriend, they have a baby on the way and then they got married recently. He lives in Virginia now by the way. Please help, the last thing I want is him trying to send the pokice after my boyfriend for staying with me.


#2

Do not listen to your EX. You MUST do a quit claim before refinancing the home…not the other way around.

Also, just because his name is on the mortgage now does not mean he has any say in who can come into the house becuase he has left the home and has a separate residence. He is for sure trying to manipulate you and scare you. Unless you have kids, and it’s written into the separation agreement about NOT having certain folks or overnight guests, then it is none of his business who you have over. If you look at your agreement…standard wording is that you live your life as if you were separate and alone with no interference from the other party (ie-your STBX). That doesn’t mean you party it up unresponsibly and recklessly, but once your STBX leaves the home, he has no say so in your personal life UNLESS it deals with your children.


#3

Thank you, I asked because he says that if anyone tells him that my boyfriends car is here overnight he is going to call the police. I knew he could not have a say in who I have over, but I don’t want my boyfriend to get involved and end up in jail or anything. My boyfriend is not hurting my children, he loves them as if they were his own. He even asks my children and his own family things about him. I just want to make sure how to go about refinancing my house. He also wants to try to threaten to take me to court to modify custody if he finds out that my boyfriend stays here some nights, because someone told him my boyfriend lives with me which he doesn’t. He is only doing this because his name is still on the mortgage loan for now until i refinance.


#4

Hello lookingforanswers…I would not take legal advice from your ex anymore than I would take legal advice from anyone that is not your attorney. Having said that I will express my humble opinion. A quit claim deed removes transfers one parties interest in a property to another. It does not however relieve them of any responsibility of debt they may have agreed to concerning that property. So it would make sense that your ex would exectute a QCD at the time you refinance. It is unreasonable to ask him to give up ownership and still be responsible for the debt.

As far a visitors to the house, I think this is a more complicated situation that people assume. Certainly he may have agreed to not interfere with your life and his entire purpose may be to do just that. There is another issue. Again aslong as his name is on the deed he legally accepts responsibility for the activities at that property. Should someone get hurt, or illegal activities take place he can be held responsible. When my ex moved out I would not allow her boyfried to move her unless he could show proof of both liability and workers comp insurance.

Again in MHO refinance the property, get your ex’s name off the property and get on with life.


#5

Mbsnc-Thank you for your opinion, but I need to know the correct way to go about refinaning. I was told by beneficial, the company I am interested in refinancing with, that he needs to sign the quit claim deed before I can even refinance. I know what the qcd is and I understand after signing that he will still be on the mortgage until I refinance. My ex was told that once I refinance he can then sign the qcd. But how can I refinance into my own name if his name is still on the deed. This would have been done along time ago if he would have just signed the qcd, but in his way to try to control me and the situation he won’t unless I refinance. I really want to refinance so I don’t have to deal with him. As far as having guests over, my name is on the mortgage and the deed so how can he tell me who I can have in my house if he moved out, I have been making mortgage payments and insurance payments alone and he wanted nothing to do with the house. I am owner of this house just as much as he is. I realize that may not have any weight, but my name is on the deed so I should be able to have whomever I want in my house.


#6

One other quick question.If I have been making all mortgage payments since our separation in 2005 and divorce can he used our end of year mortgage statement to file on his taxes. He says that if i file it he is entitled to half of anything i get from it. Please help.


#7

He should not be able to claim any interest if he’s not been making payments. I would file claiming all interest, and if he also tried to do so, then he will have to show proof that he is entitled to it.

In my case, my ex signed the quit claim first, but I wasn’t able to refinance immediately because of the reckless spending she did during the marriage that made my score go down. After about 2 years, I was able to refinance. I claimed all interest as was told by my tax consultant and lawyer.

Good luck.


#8

Your closing attorney should be able to prepare the deed. The attorney can hold the deed “in trust” and record it as the refinance is completed. This is common practice and your closing attorney should know about this process.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#9

I am not sure if this question has been answered or not, kbut can anyone tell me what steps I need to take to refinance a home that my ex and I shared into my own name. When I spoke to an agent with Beneficial loans, I was told we have to fill out a quit claim deed first in order to refinance. My ex says his attorney told him that I need to refinance my house first into my own name and then he can sign the quit claim deed. I really want his name off the loan and deed altogether, so can someone tell me the correct way to go about this.