Easy Questions  
Free Legal Documents

FAQs on Divorce and Quitclaim Deeds in Aaronsburg, PA

FAQs on Divorce and Quitclaim Deeds in Aaronsburg, PA


When one door closes, another opens; but we often look so long and so regretfully upon the closed door that we do not see the one which has opened for us.
 
- Alexander Graham Bell


Q: Will a quitclaim deed release me from the mortgage obligation?

We held equity loans on two separate properties and during our divorce, each property was signed off to its respective owner using a quitclaim deed. My ex has failed to meet his financial obligations and the mortgage company is pursuing me. Am I still liable for this debt, or did the quitclaim deed release my responsibility?

A: A quitclaim deeds affects only how the property is titled. It has no effect on the debts or loan obligations of both husband and wife. You are still responsible to pay for all the joint debts regardless of the division of property during your divorce.

Q: When do I get my spouse's name off the deed and mortgage?

The mortgage for our house was originated in my name only to get a better interest rate, but both our names are listed on the deed. What can I do?

A: It is unusual to have both your names both on the deed and yet only your name on the mortgage. This can only mean that you have the sole responsibility of paying the mortgage and yet he co-owns the house with you.

Q: Is my spouse entitled to any equity if he quit claimed the home to me?

My spouse quit claimed the house to me in order to get it mortgaged since he was not employed at the time. I have always been the main provider for the family, but am worried that in the divorce settlement he will be able to sue for half of the equity in my house. How would the judge decide to divide the equity in my home if I were to divorce?

A: Any property that was purchased during marriage is considered community or marital property. This is divided during your divorce. The portion of the property that each of you would get depends upon state law and on other evidence presented to the court regarding your financial situation.

Q: When do I get my spouses' name off the house deed and mortgage?

My spouse just stated that he wants a divorce. We own a home together and both our names are on the deed itself and the mortgage. My Father is getting a reverse mortgage on his home, to get a lump sum, to pay-off my mortgage in full. How do I go about getting my spouse's name off of the deed to the house?

A: If both spouses agree to the terms of a divorce settlement, a quitclaim deed is the fastest, easiest and least expensive way to remove your spouse's name from the deed to the property. If both spouses do not agree on the settlement of assets and debts, then the court will decide on an equitable division.

Q: Would I be entitled to any profits after signing a quit claim deed?

In our divorce, my ex was awarded the family home and assumes all debt, including the mortgage and agrees to hold me harmless. My ex is in the process of selling the home and asked me to sign a quitclaim Deed to transfer all my rights, title, and interest to him. By signing this document, does this mean that I will get nothing from the house when he sells? Is there anything I can do to make sure that I am not getting a fair deal in this situation?

A: The court has the power to award a property to whomsoever they deem fit. Whoever was awarded this property is the one who can profit from it. If it is not you, then you are required by law to sign a quitclaim deed. You will not get any profits since the property was not awarded to you.

Q: Does my spouse have any say in what I do with the profits if I got the home?

I got the house in the divorce. The deed is now in both my name and my present husband's name. My ex was ordered to make mortgage payments as child support. The house is currently up for sale and my ex is trying to make me put some money from the sale into an account for our 2 children but I need the money to buy a new home. Can he do this since he has already signed away his rights and interest in the house?

A: As long as the court awards you your home, your spouse has no say or claim on what you do with the property.

Q: Can a quitclaim deed keep me from losing my home if my spouse is sued?

We are getting a divorce, but I probably cannot qualify for refinancing for at least 5 years because I'm currently a full-time student with little income. If my husband is sued, can I lose my home? Would a quitclaim deed protect me?

A: Yes, a quitclaim deed can protect you by getting the deed in your own name exclusively. This is possible through a divorce proceeding or your spouse can sign a quitclaim to relinquish his rights to the property. If the mortgage is in your spouse's name, it doesn't mean he has an ownership interest. The bank will go after your spouse in case he cannot pay. The bank may a mortgage lien on the property which does give them rights.

Q: Why is a quitclaim deed required if everything is in my name?

I have been separated for four years and am attempting to sell my house. I am the only person on the title and mortgage, and my partner has never lived in the house nor has made any payments on the mortgage. My former partner is refusing to sign the quitclaim form. Is this form really necessary for me to sell my house?

A: Even if your partner is not on the title, he or she may have legal rights to claim a share in the property based on state laws regarding marital or community property that was accumulated during the marriage. This is the reason a quitclaim deed is needed in order to ensure that the property is free and clear before selling it.

Q: Which party pays for the quitclaim deed?

My ex was ordered to "execute" a quitclaim deed for jointly owned property on Indian owned land. Because of the BIA involvement, the fees are quite expensive ($500+). Who is required to pay them - him or me?

A: The general rule is that the one who files the form is the one paying the fees. Check with the recorder's office in the municipality where the property is located to be sure.

Q: Should I sign the quitclaim prior to closing?

My spouse and I have executed a separation agreement giving me an equity payout upon his refinancing or selling our home. He is in the process of refinancing the mortgage to remove me from loan, which should be approved soon, and is scheduling a closing. Is it okay to sign the quitclaim deed prior to the closing, or would my interests cease once I sign for his refinancing without the quit claim?

A: You should do both simultaneously. You have to be sure that all is complete on both documents. Refinancing will only remove you from the mortgage; quitclaim removes you as the owner.

Q: Who owns the house if my spouse's lawyer is holding the quitclaim deed?

My ex signed the quitclaim deed, but insisted it be held by his attorney. The court granted this in a memorandum. The memorandum also stated his attorney was the trustee of this record. It has been over a month and his attorney has not filed the deed with the county records clerk. It is not valid until it is recorded in the county records. If my ex dies, or loses his job, or the mortgage payments are not made, does his attorney then own the home? Can he sell it as part of estate, because he is the trustee?

A: The attorney can never own the home. The court's order would apply to your spouse's estate.

Q: Can my spouse sell our home if I never signed any type of deed?

I didn't sign a quitclaim when we divorced and my spouse never refinanced the mortgage. Could he legally sell the house without my approval?

A: If your name is listed on the deed, your spouse cannot sell the house without your approval.

Q: Will the judge force me to sign the quitclaim deed?

Would the judge force me to sign a quitclaim deed so my spouse can buy another house during the divorce proceedings?

A: Yes, a court could order that the ownership in the home belongs to your spouse. The court will only order a settlement that it deems to be fair and equitable to both parties. If you and your ex negotiate a fair settlement, the courts are likely to follow your wishes.

Q: What if my spouse refusing to sign the quitclaim deed?

What if my ex refuses to sign the quitclaim deed?

A: If you were awarded by the court a full ownership of a property during your divorce, your ex, is required by the court to sign the quitclaim deed. If they refuse, you can take it back to the court for violating the divorce decree. Your ex will most likely be held in contempt of the court and may even serve time in jail.

Q: Is me ex entitled to enter our home after signing the quitclaim deed?

My ex signed a quitclaim deed transferring ownership to me. I can't refinance for another year. Does he have the right to enter the home?

A: Your ex is not the owner of the house. If their name is not on the deed, they cannot enter without your permission.
 
Edit, Download, & Print a Free
Pennsylvania Last Will
Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
Page 8
Page 9
Page 10
 
Edit, Download, & Print a Free
Pennsylvania Living Will
Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
Page 8
 
Edit, Download, & Print a Free
Pennsylvania Power of Attorney
Page 1
Page 2
Page 3
Page 4
Page 5
Related Legal Services near Aaronsburg, PA
Margle Law Offices PC
3839 Easton Ave
Bethlehem, PA 18020
(610) 865-9970
Attorneys, General Practice Attorneys, Legal Service Plans, Family Law Attorneys, Divorce Attorneys,
Colaizzi Law Firm
1016 Greentree Rd Ste 110
Pittsburgh, PA 15220
(412) 922-9909
Divorce Attorneys,  Attorneys,  Family Law Attorneys,  Bankruptcy Law Attorneys
Karp & Hart Law Offices
27 Turnberry Ct
Coatesville, PA 19320
(610) 380-9400
Attorneys Referral & Information Service
Lamm Anthony L
3325 Street Rd
Bensalem, PA 19020
(215) 638-9330
Attorneys, Legal Service Plans
Lefkowitz Larry H
4802 Neshaminy Blvd # 5
Bensalem, PA 19020
(215) 750-9202
Attorneys,  Family Law Attorneys,  Personal Injury Law Attorneys,  Legal Service Plans,  Insurance A
Fantini Law Firm
661 Andersen Dr Ste 220
Pittsburgh, PA 15220
(412) 928-9200
General Practice Attorneys, Attorneys, Legal Service Plans
Dugan Mitchell H
4 W Manilla Ave
Pittsburgh, PA 15220
(888) 775-9093
Employee Benefits & Worker Compensation Attorneys,  Attorneys,  Social Security & Disability Law Att
Benjamin F Goodwin Attorney
106 Carmichaels Plz
Carmichaels, PA 15320
(724) 966-9090
Attorneys,  Criminal Law Attorneys,  Juvenile Law Attorneys,  Accident & Property Damage Attorneys,
The Swain Law Firm
2410 Bristol Rd
Bensalem, PA 19020
(856) 558-9069
Attorneys,  Civil Litigation & Trial Law Attorneys,  Business Law Attorneys,  Personal Injury Law At
Whiteman L J
3910 Main St # 1
Homestead, PA 15120
(412) 462-9040
Attorneys, Legal Service Plans
Cacciatore Keith D
3005 Brodhead Rd Ste 23
Bethlehem, PA 18020
(610) 954-8501
Estate Planning Attorneys, Attorneys, Criminal Law Attorneys, Family Law Attorneys, Divorce Attorney
Lacks Stanton M
3220 Tillman Dr Ste 114
Bensalem, PA 19020
(215) 245-8440
Bankruptcy Law Attorneys, Attorneys, General Practice Attorneys
Penn Rise Benefits, Inc.
2512 Grandview Rd
Coatesville, PA 19320
(610) 269-8363
Bankruptcy Law Attorneys
Applebaum and Associates
3910 Bristol Pike
Bensalem, PA 19020
(215) 245-8222
Attorneys,  Personal Injury Law Attorneys,  Criminal Law Attorneys,  Employee Benefits & Worker Comp
Pitt Larry
1928 Bristol Pike
Bensalem, PA 19020
(215) 245-8190
Attorneys, Corporation & Partnership Law Attorneys, Legal Service Plans, Employee Benefits & Worker
Renkert Barbara R
2851 Baglyos Cir # 200
Bethlehem, PA 18020
(610) 867-8181
Attorneys,  Accident & Property Damage Attorneys,  Wills, Trusts & Estate Planning Attorneys,  Corp
Michael Thomas J
436 S Main St
Pittsburgh, PA 15220
(412) 921-8110
Attorneys, Legal Service Plans
Emeka Igwe
1500 Walnut Ave Ste 700,
Bensalem, PA 19020
(877) 758-7842
Criminal Law Attorneys
Varghese Babu
524 W Fisher Ave
Philadelphia, PA 19120
(215) 324-7720
Attorneys, Legal Service Plans
Paul H Young Associate
3554 Hulmeville Rd,Ste 102
Bensalem, PA 19020
(267) 483-7549
24 Hours A Day, 24 Hours 7 Days
Port Clark & Ward
100 Fleet St # 104
Pittsburgh, PA 15220
(412) 921-7350
General Practice Attorneys, Attorneys, Legal Service Plans
Baurnes Gregory J
173 Bellwood Dr
Homestead, PA 15120
(412) 461-7273
Attorneys, Legal Service Plans
Michael J. Mueller
3220 Tillman Dr Ste 201
Bensalem, PA 19020
(267) 934-7248
Social Security & Disability Law Attorneys, Attorneys, Labor & Employment Law Attorneys, Corporation
De Simone Joseph M
1928 Bristol Pike
Bensalem, PA 19020
(215) 633-7080
General Practice Attorneys, Attorneys, Legal Service Plans
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US