Hi everyone. I have a question about my settlement, hopefully someone can help me.
My exhusband is refusing to sign a quitclaim deed removing his name from the house due to an error in the settlement. The complete settlement is with my ex's first lawyer, which they said they'd enforce (have him sign the deed), does NOT have the error. Apparently, it just wasn't printed correctly. My husband has gotten a second lawyer, since I threatened to take the first one to court to get the complete settlement. The first lawyer now will not return my calls or my lawyer's calls. I still don't have a copy of the complete settlement. To make a long story short, the incomplete settlement was filed with the courthouse. It does state that he gives up all interest in the maritial homeplace; however, it does not state HOW (by filing a quitclaim deed) he has to do it. My ex is refusing to file it until I take him off the mortgage and the home equity loan (which I have taken the entire responsibility for).
I need advice. I didn't have a lawyer when the divorce was filed. Now that I have a lawyer, I've paid $325 in lawyer fees. I really want to keep costs down.
Is it in the settlement agreement that he sign the "Quit claim" deed. If so, then you should be able to file a contempt action if he is refusing to do so. Likewise, if it's not in the settlement agreement that you "refinance" the house in only your name, then you have no obligation to do so. In other words, your ex can't hold that over your head if you never agreed to it.
This is something that is coming up for me. My STBX asked me for a QCD last summer before any mention of a divorce. I refused to sign one. Her idea of a fair settlement is that she keeps the house, the car, all personal property in her possession, and I get to keep my 20 year old pickup.
The only terms I will settle for and the only way I'll sign a QCD is if she refinances to get my name off the mortgage(s) AND pays me half the equity in the house.
I don't know the terms of your settlement but such terms seem perfectly reasonable to me. If he's agreed to sign by signing the settlement agreement, yes he does have a problem and you are right to go after him. But I would not complete any agreements with errors. I have a lawyer and I'm quite sure that's what he would advise.
Sounds to me like you need a lawyers advice on this one.
On my divorce after 21 years, I got to refinance the house under my name and he didn't collect any of the equity. I didn't have to share with him. I felt that I came out great on this deal.
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