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If a couple divorce and a quitclaim deed is to the bank can the bank foreclose on the house?
yes
If you have a house before you were married in nys does it get split in a divorce?
No, not unless you put your spouse on the deed.
What do i get My husband filing for divorce am not on the loan but am on the deed?
What portion of the property you own will be determined by the court granting the divorce. There are too many variables to give you a simple answer.
If you paid the equity to your spouse from your divorce how can you remove their name from the deed?
Answer: In a Massachusetts divorce where the decree provides that W pay a dollar sum to H and H conveys his interest to W, if W pays and H refuses to sign a deed then the court decree can be recorded and the recording of it will convey his interest. You should have proof in your divorce file that you paid him. The payment should have been exchanged for the deed by your attorney.
Who gets the property in a divorce if one name is on the mortgage and both names are on the deed?
Property and divorce laws vary from state to state. The division of property depends on many factors such as whether you live in a community property estate, if the property was acquired during the marriage, etc.
Do you have to remain single during separation awaiting divorce?
no
What is a Deed of Waiver?
A Deed of Waiver usually means that a person is formally waiving their rights to something they are otherwise entitled. In a divorce, for instance, some parties agree to sign a Deed of Waiver to waive rights to a spouse's pension after death.
How does a quit claim deed hold up in court during a divorce?
Many states have laws that control the transfer of what may be considered marital property during a divorce proceeding. A court can void a deed if it determines that any property was conveyed that should be included in the marital assets and subject to division between the parties. In Massachusetts, an automatic restraining order arises when a divorce is filed, preventing either party from transferring any assets.You need to consult with your attorney or if you don't have one an attorney who specializes in divorce law in your state who can review the situation and explain your options. You should bring with you any evidence of the transfer. The court will rule whether the transfer was effective or will be voided.
If a husband quit claims the marital property to the wife during a divorce can he come back and want more money for that property before the divorce is over even though he was bought out?
First you shouldn't have done a quit claim deed. You would have been better off doing a standard deed and have a signed separation agreement. However, if he was paid with separate assets, then the court would most likely rule that the transaction is valid.
What if you own your house before you were married then after you were married you refinance your home to put your spouse on the deed and the morgage then you get divorce?
You need to talk to a divorce lawyer about that.
Which deed is distinguished by the covenant asserting that the grantor did not personally encumber the title during the period that he or she held it?
Such a deed would be a quitclaim deed.
If your name is the only name on a deed to your house will you get to keep your house in the divorce?
Not if the division of property requires it to be sold and split.
