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Can someone get a spouse off a deed that never lived together and was incarcerated?
Why do I have to sign a Corrective Warranty Deed for land I had no claim to?Changing the Title to a HouseWhat is the purpose of a Money Mortgage Deed of Trust Affidavit?Divorce: Private properties and assetsMy co-borrower wants her name removed from a 5 year mortgage contractHelp re: beneficiary deed enforcement in Phoenix, AZ (Maricopa County)Easiest way to divorce same-sex marriage for residents of country where it's not recognized?Married when joint tenancy right of survivorship signed, now divorcedDivorce - What to Expect?What happens to a contract when company is disolved?
If someone bought a property before marriage (premarital), got married, refinanced the property while spouse was incarcerated which added spouse to quit claim deed, then got divorced months after the spouse was released, they never lived together, never consummated the marriage, and the spouse never contributed to the mortgage or repairs, can the person who refinanced the property get the divorced spouse's name off the deed?
real-estate florida divorce
asked May 19 at 14:00
BreakskaterBreakskater
46117
add a comment |
If someone bought a property before marriage (premarital), got married, refinanced the property while spouse was incarcerated which added spouse to quit claim deed, then got divorced months after the spouse was released, they never lived together, never consummated the marriage, and the spouse never contributed to the mortgage or repairs, can the person who refinanced the property get the divorced spouse's name off the deed?
real-estate florida divorce
asked May 19 at 14:00
BreakskaterBreakskater
46117
add a comment |
If someone bought a property before marriage (premarital), got married, refinanced the property while spouse was incarcerated which added spouse to quit claim deed, then got divorced months after the spouse was released, they never lived together, never consummated the marriage, and the spouse never contributed to the mortgage or repairs, can the person who refinanced the property get the divorced spouse's name off the deed?
real-estate florida divorce
asked May 19 at 14:00
BreakskaterBreakskater
46117
If someone bought a property before marriage (premarital), got married, refinanced the property while spouse was incarcerated which added spouse to quit claim deed, then got divorced months after the spouse was released, they never lived together, never consummated the marriage, and the spouse never contributed to the mortgage or repairs, can the person who refinanced the property get the divorced spouse's name off the deed?
real-estate florida divorce
real-estate florida divorce
asked May 19 at 14:00
BreakskaterBreakskater
46117
asked May 19 at 14:00
BreakskaterBreakskater
46117
edited May 19 at 14:43
Breakskater
asked May 19 at 14:00
BreakskaterBreakskater
46117
asked May 19 at 14:00
BreakskaterBreakskater
46117
asked May 19 at 14:00
BreakskaterBreakskater
46117
46117
add a comment |
add a comment |
1 Answer
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Two people can have an equal interest in real property without being married, and being incarcerated doesn't affect a person's property rights. What matters is that now your ex-wife has a legal interest in the property. As a separate issue, she presumably also has a legal obligation w.r.t. the mortgage (otherwise the quitclaim deed makes no sense). The easiest solution is for the other party to voluntarily transfer their interest in the property to you via a quitclaim deed.
A difficult solution is to use the judicial process to remove a person from the title. This could be done if there was fraud involved in the property transfer process, for example if the quitclaim deed was forged (presumably not the case here). You might sue to correct an error which doesn't reflect the terms of the transaction, via a reformation action, but that doesn't seem to be the case (a party not understanding the consequences of transferring an interest isn't an error in the relevant sense). You need to hire an attorney to solve the problem (he will look at all of the documentation relevant for your case for a possible solution).
answered May 19 at 15:59
user6726user6726
63.7k459115
The person had power of attorney when the property was refinanced and didn't know they were adding the spouse as an owner. Does that count towards removing the person in a judicial sense?
– Breakskater
May 20 at 23:40
add a comment |
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1 Answer
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1 Answer
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Two people can have an equal interest in real property without being married, and being incarcerated doesn't affect a person's property rights. What matters is that now your ex-wife has a legal interest in the property. As a separate issue, she presumably also has a legal obligation w.r.t. the mortgage (otherwise the quitclaim deed makes no sense). The easiest solution is for the other party to voluntarily transfer their interest in the property to you via a quitclaim deed.
A difficult solution is to use the judicial process to remove a person from the title. This could be done if there was fraud involved in the property transfer process, for example if the quitclaim deed was forged (presumably not the case here). You might sue to correct an error which doesn't reflect the terms of the transaction, via a reformation action, but that doesn't seem to be the case (a party not understanding the consequences of transferring an interest isn't an error in the relevant sense). You need to hire an attorney to solve the problem (he will look at all of the documentation relevant for your case for a possible solution).
answered May 19 at 15:59
user6726user6726
63.7k459115
The person had power of attorney when the property was refinanced and didn't know they were adding the spouse as an owner. Does that count towards removing the person in a judicial sense?
– Breakskater
May 20 at 23:40
add a comment |
Two people can have an equal interest in real property without being married, and being incarcerated doesn't affect a person's property rights. What matters is that now your ex-wife has a legal interest in the property. As a separate issue, she presumably also has a legal obligation w.r.t. the mortgage (otherwise the quitclaim deed makes no sense). The easiest solution is for the other party to voluntarily transfer their interest in the property to you via a quitclaim deed.
A difficult solution is to use the judicial process to remove a person from the title. This could be done if there was fraud involved in the property transfer process, for example if the quitclaim deed was forged (presumably not the case here). You might sue to correct an error which doesn't reflect the terms of the transaction, via a reformation action, but that doesn't seem to be the case (a party not understanding the consequences of transferring an interest isn't an error in the relevant sense). You need to hire an attorney to solve the problem (he will look at all of the documentation relevant for your case for a possible solution).
answered May 19 at 15:59
user6726user6726
63.7k459115
The person had power of attorney when the property was refinanced and didn't know they were adding the spouse as an owner. Does that count towards removing the person in a judicial sense?
– Breakskater
May 20 at 23:40
add a comment |
Two people can have an equal interest in real property without being married, and being incarcerated doesn't affect a person's property rights. What matters is that now your ex-wife has a legal interest in the property. As a separate issue, she presumably also has a legal obligation w.r.t. the mortgage (otherwise the quitclaim deed makes no sense). The easiest solution is for the other party to voluntarily transfer their interest in the property to you via a quitclaim deed.
A difficult solution is to use the judicial process to remove a person from the title. This could be done if there was fraud involved in the property transfer process, for example if the quitclaim deed was forged (presumably not the case here). You might sue to correct an error which doesn't reflect the terms of the transaction, via a reformation action, but that doesn't seem to be the case (a party not understanding the consequences of transferring an interest isn't an error in the relevant sense). You need to hire an attorney to solve the problem (he will look at all of the documentation relevant for your case for a possible solution).
answered May 19 at 15:59
user6726user6726
63.7k459115
Two people can have an equal interest in real property without being married, and being incarcerated doesn't affect a person's property rights. What matters is that now your ex-wife has a legal interest in the property. As a separate issue, she presumably also has a legal obligation w.r.t. the mortgage (otherwise the quitclaim deed makes no sense). The easiest solution is for the other party to voluntarily transfer their interest in the property to you via a quitclaim deed.
A difficult solution is to use the judicial process to remove a person from the title. This could be done if there was fraud involved in the property transfer process, for example if the quitclaim deed was forged (presumably not the case here). You might sue to correct an error which doesn't reflect the terms of the transaction, via a reformation action, but that doesn't seem to be the case (a party not understanding the consequences of transferring an interest isn't an error in the relevant sense). You need to hire an attorney to solve the problem (he will look at all of the documentation relevant for your case for a possible solution).
answered May 19 at 15:59
user6726user6726
63.7k459115
answered May 19 at 15:59
user6726user6726
63.7k459115
answered May 19 at 15:59
user6726user6726
63.7k459115
answered May 19 at 15:59
user6726user6726
63.7k459115
63.7k459115
The person had power of attorney when the property was refinanced and didn't know they were adding the spouse as an owner. Does that count towards removing the person in a judicial sense?
– Breakskater
May 20 at 23:40
add a comment |
The person had power of attorney when the property was refinanced and didn't know they were adding the spouse as an owner. Does that count towards removing the person in a judicial sense?
– Breakskater
May 20 at 23:40
The person had power of attorney when the property was refinanced and didn't know they were adding the spouse as an owner. Does that count towards removing the person in a judicial sense?
– Breakskater
May 20 at 23:40
The person had power of attorney when the property was refinanced and didn't know they were adding the spouse as an owner. Does that count towards removing the person in a judicial sense?
– Breakskater
May 20 at 23:40
add a comment |
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