Posted by eric on September 03, 2004 at 12:44:37:
If she executed a quitclaim deed in your favor, she no longer has any legal interest in the property. If she also stated in the promissory note that she acknowledged releasing her 50% interest, that would likely be considered a transmutation of the property. I would seek the advice of a Family Law attorney, but sounds like you should be able to tell her to go pound sand.
Quit Claim and dispute of ownership - Posted by RG
Posted by RG on September 02, 2004 at 16:40:07:
Okay, my wife and I separated in 2001, not divorced. We went to mediation, and separated all our assets equally. We agreed to either sell the house, or one could buy out the other. She is a mortgage loan officer. I refinanced through her office, and got a new deed of trust and title, stating it is my “sole vested interest”. She gave me a Quit Claim Deed, notarized, after I gave her half the money up front, balance with a Promissory Note, stating she acknowleges going from a fifter percent to zero percent vested interest. In summer of 2003 we attempt a trial reconciliation, and she tells me in Jan this year she’s done, out of here, wants a divorce, which I have now filed for. She now claims I owe her half the new appreciated value of the house, even though I already bought her out in 2001. Please advise since I’m losing sleep, weight and distressed over this.