What are my options (if I have any), if I don't sign the power of attorney?

Question

My ex-husband and I were divorced in February of 2006. At the time I was 21, naive, broke, with no lawyer. I wanted out of my marriage as quickly as possible and gave up all my rights to alimony and even all of my things because I believed him when he said it would be better that way. At the time I also signed a quit-claim deed that was supposed to take my name off the house that we had purchased together. Last year, his new girlfriend (and mother to his two kids and two other kids of her own) messaged me to tell me that they were selling the house and needed a power of attorney from me. I refused to speak with her and spoke with him instead. He told me that the quit-claim I signed did not apply to the house as he previously thought and he wanted me to sign a power of attorney, otherwise he would put it into forclosure if I tried to get half. My question is, do I still have entitlement to half of the house? Would it just be better to sign the power of attorney? What other options do I have? And if I do sign the power of attorney, what else does that mean he can do with it? Please let me know, I would greatly appreciate it.

Answer 1

Whether you have any entitlement to the house depends on the divorce order.

See an attorney.

Answer 2

PLEASE:

Either get a lawyer to get this straight (he's ripping you!!)

or, if you can't afford a lawyer, use your phone book to find "free" legal help in your state. There is such a thing in every state and you need some help - don't give in.

Good Luck!

Answer 3

Best answer is get an attorney ASAP.  An important issue to note here is a quit claim does *not* absolve you of financial obligation to the property.  It just means you give up the right to lay claim to the property.

From Wiki:

Of the different types of deeds, the quitclaim has the least assurance that the person receiving it will actually get any rights. In most common law jurisdictions, a quitclaim deed is not technically considered to be a deed at all, and, in some jurisdictions, a buyer who receives a quitclaim deed may not be considered a bona fide purchaser for value unless the quitclaim deed meets certain requirements. It fails to meet all five traditional tests of a true deed found in common law. Instead, it is considered to be an instrument of estoppel, which means it estops or prevents the grantor of the quitclaim deed from later claiming that he or she has an interest in the property. Title companies may be unwilling to issue title insurance based on a quitclaim deed; thus, quitclaim deed holders may have to obtain further proof that a bona fide sale occurred or institute a "quiet title" action in a court to obtain clear title.

Answer 4

>> At the time I was 21, naive, broke, with no lawyer. <<

It appears you are still naive, broke, and without lawyer.  

Nobody here can answer your questions because nobody here has seen all the papers you did sign.  You need to speak to a local lawyer with whom you can discuss all the facts & to whom you can show all the papers.   Otherwise you will get screwed again.  

Answer 5

You might be entitled to half of the increase in value of the house during the period of time that you were married, but not half of the current selling price.

Offer to settle for some money, if you think you are really entitled to some.  If he puts the house in foreclosure then he doesn't get any money for it, and his credit is ruined, so let him.  

If you don't have kids together it might be fun to try to get a little cash out of him, but if you have children it might be better to just sign so they don't have to be involved in some long drawn our fight.

Good Luck

Answer 6

Okay first talk to a lawyer. Yes you still own half the house. However, if he paid for it let him have it.

Answer 7

YOu have the right to negotiate a fee for the POA equal to whatever you feel is a fair amount based on what happened when you ended the marriage. He has the right to pay; or refuse at which point you both end up with a foreclosure on your record; you have the right to change your mind once you've recieved notice that there have been payments missed.

Something still sounds fishy. Why a POA instead of just having you sign off on a deed at closing or a warranty deed? I'd have a real estate atty look it over

Answer 8

You need to discuss this with a lawyer. First and foremost, it will depend on the divorce decree.

If a power of attorney is required, a very limited (for the sale of that house only) power of attorney should be created. Again, a conversation with a lawyer is advised.

Answer 9

If you have proof that you bought the house jointly via having your name on the deed/title then you are entitiled to 1/2 the value of what's it sells for.  Your ex-husband can't put the house in forclosure without your consent.  He sounds like a real piece of work and the threat of foreclosure is just that.  The thing that concerns me is if he has failed to make the house payments and is ditching the house because the mortgage has gotten out of control then you could be held equally liable for whatever debts he's incurred on the house.  The previous responders are right, get a lawyer.