Question:

I have a question pertaining to house deeds?

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I own (did own) a house with my ex. he was bugging me to sign a quitclaim and I finally got him to agree to not do it. But, yesterday he went to the bank to talk about buying the lot next door to us but they said order to add a piece of land to our house & lot we already have and keep it all as one loan, the bank said I had to sign a quitclaim since we aren't and never were married. I wasn't going to sign, but we had a horrible argument about it and I finally signed (while crying) and he had said we could get my name back on. We just had to do it like this real quick. He also agreed that when it came time that I would sign a quitclaim for good, we would have an agreement drawn up between us (basically like a divorce for a nonmarried couple). I keep asking him now when my name can be put back on and he says he doesn't have the money to put my name back on. He instead wants to go do this agreement today, but doesn't want me to get it done by a lawyer, but rather we type it up ourselves and just have it notarized after we sign it. Isn't it better to get this agreement drawn up by a layer? How much would it be to add my name back onto the deed of the house?

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  1. We're missing some facts, as the above bank story doesn't make sense. Who paid for the house in the first place, that you "owned"?

    There is nothing wrong with having many names on a deed of people who aren't related, let alone married. Each one is presumed to have an undivided, proportional interest (e.g., two names: half each), although it can also be deeded by stated percentages.  Each one can obtain a loan and secure it with a mortgage upon whatever portion of the property they own (half, one-tenth, whatever).

    Making you sign a deed under duress could be grounds for fraud, coercion, and perhaps reversal of the transaction.

    Your real estate attorney should be a litigator (trial lawyer) who can file  the necessary injunctions to get your property back.


  2. It's only a few dollars to get your name added onto the deed.  Is there a mortgage on the house?   Is your name on the mortgage?  If he has refinanced and has only his name on the deed he doesn't need to do anything.  

    A few dollars is like less than $30

  3. Honey, you are WAY too trusting.  Once you sign that quitclaim deed, you have no more claim on that house at all.  AND you have nothing in writing from him that says he will add your name back at some time in the future.

    You should never, EVER handle real estate transactions like this without an attorney.  So find a real estate attorney today, tell him what's going on, and tell him about the paperwork that you signed "under duress."  See what can be done, if anything,

    EDIT:  Real estate lawyers are listed in the yellow pages of your phone directory, most likely under "Attorneys - Real Estate".

  4. STOP!

    DO NOT PASS GO!

    GO DIRECTLY to a good local real estate lawyer with copies of the original deed, the mortgage/note, the quit claim and anything else you may have signed, before you end up with NOTHING.

  5. I think you've been had.  I don't understand why you two would still be wanting to co-mingle your money.  If you already owned the house and it was in your name then why would you let him use it as collateral for the lot next door?   You can't make him put your name back on the property.  good luck.

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