By the way, she has not had a job ever since we got married - she was
a 'stay-at-home' type.
Or would a Post-Nuptial be the better way to go?
Please help......
> By having her sign a Quit Claim Deed, can I buy the home that would be
> owned solely by me (not joint 'community' property)? Or is it that a
> Quit Claim Deed can only be signed and executed AFTER the home
> purchase? If so, then she can refuse to sign the Quit Claim Deed after
> the home purchase, but I have enough trust and belief in her that she
> will not refuse to do it.
She can't file a quit claim giving up any possible rights to you
for a specific piece of real estate until you own the property.
> My only fear is that AFTER we file for divorce, she may get influenced
> by her folks and friends and change her mind and contest the divorce
> case - seeking property distribution.
You need to file for divorce and specifically spell out that the
house will be yours in the divorce agreement. State that she will
file a quit claim deed after your closing. Why are you waiting to
file?
Just my humble opinion. Somebody more informed may have a better
idea.
Casey
"The first rule of holes: if you are in one, stop digging."
If you go ahead without consulting with a lawyer, you will be the
biggest idiot on this planet.
i
I purchased a home before our divorce was final. In the divorce papers, I
had noted that the home I was purchasing was purchased soley by me, and that
he had no right to claim ownership to it. The house closed just one month
prior to the divorce being final. Even though the ownership of the house
was clearly stated in the divorce papers, the mortgage company required a
quit claim from my ex in order to prevent any litigation later.
Pamela
Thanks,
Mike
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"Pamela" <Pam...@msnot.com> wrote in message
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Pamela
"Mike (Remove X's to reply)" <aXeXn...@gwis.com> wrote in message
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You do. It has to be recorded after the original deed. Notarization
isn't the only thing that needs to be done. It _has_ to be recorded in
your county, or it isn't valid.
--
Suzanne
Outside of a dog, a book is man's best friend. Inside of a dog it's too
dark to read.
--Groucho Marx (1890 - 1977)
Pamela
"Suzanne" <smbho...@cox.netnever> wrote in message
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Right. This something that the title company should take care of.
A Warranty Deed (even if only a "Special Warranty Deed"
which warrants title but not that is free and clear) is, however,
sufficient to convey after acquired property because it is more
than a release, it is the actual conveyance of an interest.
However, it is understandable that someone who does not have
title would be reluctant to sign a deed warranting title. So, you
should consult a local real estate attorney on this matter, but
IMHO, a signed and witnessed written agreement as to this
issue would do more to protect you. [Rog']
Pamela
"Roger B." <rcblin...@bellsouth.net> wrote in message
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