Posted by BTI on August 11, 2007 at 09:26:26:
Albert
Quit being a “loser”, sign the deed and wish her luck and get on with your life. I’ve been married 47 years and have watched the divorces of many friends and those looking for an “angle” after six years because she made the error of buying during the divorce would go into my loser ex-friend category, to stupid to get on with their own life.
BTI
Can a judge make you sign a special warranty deed? - Posted by Albert Hernandez
Posted by Albert Hernandez on August 10, 2007 at 16:28:12:
I am from Texas and have been divorced now for 6 years. My ex wife wants me to sign a special warranty deed. I don’t understand why I need to sign anything if I don’t have any legal claim to the property. The property in question was not included in the divorce decree and was obtained by my ex wife even before our divorce was filed or finalized. She has a lawyer threatening to take me to court. Can a judge make me sign something that I don’t want to sign?
Can a judge make you sign a special warranty deed? - Posted by Bill H
Posted by Bill H on August 11, 2007 at 14:14:56:
Albert, Texas being a community property state, all they are trying to do is clean up and clear up title.
A special warranty deed is nothing more than a quit claimdeed that says while you were still married (during the divorce process) you did nothing to or for the property and have no rights or interest in it.
Why hassle everyone. If the judge calls you in and says sign here, you will have to either sign or face time in the slammer.
Not worth the hassle. the courts are full of frivilous cases like this. STEP UP, do the right thing and sign.
You are very lucky this is all you gotta do. When I split in CA. It was exactly as the country music song said…“She got the Goldmine…I got the Shaft.” One thing she cannot take from you is that you are feee of her.
Good Luck,
Bill H
Quit being an A’hole - Posted by dealmaker
Posted by dealmaker on August 11, 2007 at 08:55:22:
I’m a big believer in “what goes around, comes around”. She screwed up by buying while still married to you. Even if your name were not on any papers, you would still have to sign to relinquish any rights.
I’m actually suprised that anyone thinks a quit claim would do it. A title officer might tell her it needs to be a general warranty deed due to community property rules and title companies being essentially anal retentive about stuff like that.
Maybe someday you’ll screw up something minor and someone can hassle you and cause you undue expense to correct your minor f**k up!
Sign the thing.
dealmaker
Re: Can a judge make you sign a special… - Posted by Rich-CA
Posted by Rich-CA on August 10, 2007 at 19:12:29:
A Judge can sign instead of you by issuing an appropriate order and so would not need you to sign anything. Since the property was obtained before the divorce was final and since TX is a Community Property state, it would be community property but not covered by the divorce decree (foolish of your ex to buy it before the final decree).
Judgment good as a deed - Posted by John Merchant
Posted by John Merchant on August 10, 2007 at 17:51:43:
A judge in a suit for Specific Performance (to make you sell) would just enter a final Judgment that the legal title to a property now belongs to “X” and that’s as good as any deed.
So your signing a deed would be a redundancy.
The Judgment when recorded in deed records (via Abstract of Judgment)would be the equivalent to any deed.
Since the lawyer wants your deed, get smart and tell the lawyer you’ll sign one he prepares in return for $500 since his filing suit against you would be more costly than that.
Re: Can a judge make you sign a special… - Posted by Albert Hernandez
Posted by Albert Hernandez on August 11, 2007 at 08:45:15:
So let me get this straight. She can take me to court and the judge cannot make me sign anything. Why is it so important for her to take me to court then? Do I have a claim on the property even if I have not made any payments? I don’t want it, but i don’t want to give her the satisfaction of signing anything for her benfit again. I did sign a deed of trust for the house before I filed for the divorce so it mentioned me as a borrower, but it does not have my name on the deed itself. It only says “Mrs. H, a married woman”. So, I show up at court and then what would be the purpose? Would the judge re-open the divorce and the property that we owned would be then again split down the middle or will he just sign the deed and I get nothing except the satisfaction of not signing. Do I have claim to the house?
Re: Can a judge make you sign a special… - Posted by Rich-CA
Posted by Rich-CA on August 12, 2007 at 08:11:37:
Its not that the judge can’t make you sign, its that the judge does not need you to sign. A court order overrules your choice. If the judge decides its better to have you sign and you don’t, then its contempt of court and penalties (including jail time) for you.
You show up in court to defend yourself. If you fail to show, she wins by default and may have asked the judge for more than just the sign off on the deed.