Quit claim deed and county offices and etc.

Discussion in 'Chit-Chat' started by seminolewind, Oct 9, 2017.

  1. seminolewind

    seminolewind SuperModerator Staff Member

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    It's only taken me 6 hours to find a reasonable explanation and form for a quit claim deed. That's where one spouse can give up their interest in a house. Then it's taken me hours of searching the county sites for the ADDRESS of the county clerk building. Sometimes things are so mumbo jumbo it makes it almost impossible to find a simple address! Not to mention which building to go to in a group of government buildings. And I get conflicting answers on what a legal property description is. All I get is numbers and letters pertaining to a book that has the "twenty steps east to 50 steps north, etc" and that takes up about 10 lines.

    Then I find out that filing is $1250.00 for a filing stamp, but free if done within a year of divorce. So I have to find that out as well.

    So I'll have to visit and get info. I got a lawyer off the internet who does non-show up in court divorce. He's called me once, and set explicit instructions.

    This divorce is not for any reason other than having someone's mismanagement of money not affecting the house I own. Florida state has 50/50 divorce where if a house is purchased while married it becomes both spouse property. Even tho I sold a house in NY to buy another house NY and we got married prior to me taking that money and buying a house in Florida! How fair is that? That's a cloudy area.
     
  2. robin416

    robin416 Super Moderator Staff Member

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    If the house is in both names I can see why it would be 50/50. Every state is different on how they view a couple's finances. VA thinks the new spouse's income should be figured in when determining child support for the other spouse's child support if there are minor children.

    Not sure what you're trying to accomplish here. If his name is on the house then I doubt he's going to sign away his half without a fight.
     

  3. seminolewind

    seminolewind SuperModerator Staff Member

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    He'll sign it. It wasn't his to begin with. As Florida law is, spouses split 50 50 on anything purchased during the marriage. However prior to the marriage, It's a cloudy area with me selling a home that was mine, buying and selling another house that was mine in NY, getting married and moving to Florida and using that money to buy another house. With someone who handles money poorly, I'll be darned if my house goes to pay debts or end up not having 100% go to my daughter. Furthermore, I don't want to be responsible for any one's debts. NY considers any one's debts their own if a credit card does not have their spouse's name on it, etc. In fla, your name doesn't have to be on it to be responsible.

    I do not want to be responsible for another's debts, or share things that are mine because of a law. This is pure bs. Been there done that and cruelly. 18 years of warnings about divorce if running up credit cards is enough. I'm tired of not being taken seriously. I just want what is fair. During the past 13 years since married there has not been even a mortgage payment! He spent his retirement and i still have my 401k. Should I share that too? The law sucks and needs to be altered.

    I'm sorry to unload, but this stuff makes me crazy. And crazy I am!
     
  4. robin416

    robin416 Super Moderator Staff Member

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    If you're really going to do this you need to hire a real attorney, not one on the back of a matchbook. You need one familiar with FL property law. If he'll sign a quit deed the attorney will handle all of that and you won't be driving yourself nuts.
     
    Wilbur's Mom and nannypattyrn like this.
  5. chickenqueen

    chickenqueen Super Moderator Staff Member

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    I had to file a quit claim deed here in Ohio a few years ago.Though it wasn't necessary,I had a lawyer write it up for $125 and then I filed it.I don't remember if I had to pay a hundred or so for that but I do remember it wasn't that much.It was worth it.Good luck!!!
     
  6. seminolewind

    seminolewind SuperModerator Staff Member

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    He's a real attorney. He does not handle quit claim deeds, in his opinion he said I should get one.
    I finally got the address of the county clerk and plan to go ask questions. It's recommended that I file following a divorce.

    With the divorce, I fill out the papers he sent me, send them back, he inspects them , sends them to me for notary and signatures with witnesses.

    I think I have a grasp of it now. I just get overwhelmed with having to hunt with simple information like instructions with no stupid address.

    CQ, it appears that if I file now, the stamp is $1200+, and for a year after a divorce, the fee is waived, and I just pay $10.00

    But I'll be checking with the county clerk and get specific instructions. If I can't do it, I can't. And the divorce is submitted by the lawyer.
     
  7. Wilbur's Mom

    Wilbur's Mom Active Member

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    Wow, bunch of legal stuff to jump through and FL is a tough state when it comes to spousal rights. Make the QC deed has the correct language, legal description ( which comes off your deed you got when you bought this house) and other language. I would suggest you get a real estate attorney in FL to prepare the QC deed and state that the purpose of the deed is pursuant to the divorce filed in ____(court where the divorce is filed), that should be what is needed to not pay the transfer taxes (tax stamp). I say this because if the QC deed has a mistake in it, you sell the house it could cause a title problem. I do real estate work, so I know what can come up if you get a deed off the internet...and the recording office at the courthouse cannot provide you with any legal answers to whether the deed is correct or not. Just refer you to the bar association obtain a real estate lawyer.
     
    robin416 likes this.
  8. seminolewind

    seminolewind SuperModerator Staff Member

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    I will have to seriously think this over. Thanks.
     
  9. Wilbur's Mom

    Wilbur's Mom Active Member

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    Quite welcome. I hope this goes smoothly.
     
  10. havasu

    havasu Active Member

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    Seems like a quagmire. I hope it gets corrected by a knowledgeable person.
     
  11. seminolewind

    seminolewind SuperModerator Staff Member

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    well I do have a month or two to get it done or investigate. I think I finished the paperwork for the divorce and now the lawyer needs to check it before we get it notarized.

    We did financial statements and hubs actually owes double what I thought! I do think there's many people out there who are out of their comfort zone unless they're in debt up to their ears. 12 years with no mortgage or car payment-I have no answer for this.
     
  12. Wilbur's Mom

    Wilbur's Mom Active Member

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    Wow!!! double? Jeesh..your name isn't on anything is it that you weren't aware of?
     
  13. seminolewind

    seminolewind SuperModerator Staff Member

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    No it's not. But Florida is screwed up. If he defaults on his credit cards, they can come after a spouse. However, it appears that creditors can't garnish one's social security, retirement, or car, or potentially a home with no mortgage.

    I was raised as not ever carrying debt. My parents had their first credit card when I was 13! They never had a car loan. My dad was military and my mom never worked. They were very good with money.

    After 11 years of my first marriage, my dead ex husband alcoholic, left the country owing debt that I got stuck with (in the days with spouses both being on the credit cards.) I got stuck paying his debts. I begged the bank to let me pay the money in my name . They said no. I asked for a lower interest rate. They said no. They emptied my savings, checking, and my daughter's savings. I cried for 3 days. They finally gave me back my last paycheck. This was all because all these accounts were at the same bank . I didn't keep my money in a bank for years. I paid off the debt. I paid my bills with 7-11 money orders. When I went for my first mortgage as a single person it was brought up, and I wrote out a letter about what I went thru and all the documentation. I got the mortgage.

    Dead ex stopped paying child support. I then bullied him into signing the house over. He finally did. I refinanced in my name. I sold the house in 1994. I bought another. I ended up getting married in 2004, then selling the 2nd house and moving to florida months 6 months later! . I used that money to pay for my 3rd house in Florida. Now, in Florida it means that current hubs owns half! And I possibly own 1/2 of his debt! And his 4 sons could potentially end up with 1/2 of what my daughter should get (worst case scenario). And each son has a mother with a house of her own. My daughter has me.

    Then, current hub spent his 401k from Florida. I did not , and I don't want to split it because he spent his. It cost me $7k two years ago to pay the upside down mortgage on a motor home he bought without me so he wouldn't have to pay the $500.00 month payment.

    Bottom line is let this be a warning to other women. In the world of 2nd marriages, you need a lawyer's guidance to protect what you have. I had that in NY, but not in Florida. It stinks. Never assume marriage is forever, or a spouse can never touch anything in your name or you will never be responsible for someone's debts even the ones not in your name. I just hope I can enlighten as many people as possible, especially those young ones that are college age. It's just important that a woman can support herself and protect what she owns. I hope someone listens.
     
  14. havasu

    havasu Active Member

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    You should have either signed a pre-nup or had him sign a quit claim upon purchasing that last house.
    This works both ways. When I met my ex, she came with the clothes on her back. She never worked. I bought her new cars every 3 years, and I did really good in real estate, always buying and upgrading as the years went by. Weeks after I retire, she confesses she has a boyfriend and has had one for the last 6 years. She used my money to hire the best attorney money could buy, then after realizing he wasn't as good as she assumed, she fired him, collected MY refund, then used My money to hire even a better attorney. I ended up walking away with my sanity only and gave her my $800k house.

    I will never marry again. I live with my G/F, we split the bills 50/50, bought our house 50/50, and if things don't work out, we sell and get 50% of everything.

    By the way, my G/F's deceased husband secretly got a credit card in HIS name, and maxed it out before he died, spending $20K. After he died, the credit card company demanded that my G/F pay off the debt. She refused, and got dinged on her FICO score for 3 years.
     
  15. seminolewind

    seminolewind SuperModerator Staff Member

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    OMG! I'm sorry but I'm glad you shared that with me. Lovely world we live in. I think it's just starting to sink in and I keep telling myself "one step at a time". I am just not tough anymore. People don't play fair when it comes to money. The rest of us get $screwed.
     
  16. chickenqueen

    chickenqueen Super Moderator Staff Member

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    I learned life lessons the hard way.The house I have now,I bought myself and married a year later.With the last divorce I learned a house is not communal property if one had it before the marriage.I spent $40,000 on upgrades and remodels all the while,unbeknownst to me,him and his girl friend were just waiting or me to finish,then he left me.I had no claims to the house or even all the money I put in it.I was thrown out with nothing like trash.A very expensive lesson the hard way but it will never happen again.As a bonus,ex and girlfriend got married and 20 years later,they still cheat on each other.Karma!!!
     
    seminolewind likes this.
  17. seminolewind

    seminolewind SuperModerator Staff Member

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    That sucks. I know I'm not the only clueless naïve one in the world. It's like fine, property bought while one's married becomes owned by both spouses. But what about money? I have a clear paper trail that the money was mine.

    I figure being naïve is because if a person would never even think of doing it to another (that includes lying, cheating, stealing, etc) a person does not think in terms of someone else doing it , it's like not in their mental vocabulary.
     
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  18. chickenqueen

    chickenqueen Super Moderator Staff Member

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    I may have gotten the shaft but I have a clear conscience.I may have lost money/material things but I still have my morals and self-respect.That which does not kill you only makes you stronger.......
     
  19. Maryellen

    Maryellen Well-Known Member

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    If you get money and spend it on the house while married by law the spouse is entitled to some. If you get money and don't spend it while married on the marital house or to do stuff together it's yours and not the spouses.
    Some states have that rule
     
    seminolewind likes this.
  20. chickenqueen

    chickenqueen Super Moderator Staff Member

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    States all have different laws.I was told prior to 1975 a spouse could sue a cheating spouse and their lover for monetary damages.It doesn't apply here now but some states do have that law.I personally think it's a good law,protecting the innocent.