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Quit Deed & the unmarried (Real Estate & Property Law)

Thu, 19 Sep 2002 22:14:00 GMT

What is the name of your state? TX
In July 2k1, my brother and his then fiancee built a new home and shortly after moving in, he found out about her unsavory past. In April he put the house up for sale (has not sold yet). They ended their engagement but because she can't keep a job, she refuses to move. He does not want to move because he knows she cannot pay the mortgage and the house will go into foreclosure and mess up his credit (both names are on the house). He pays all of the bills and it is a hardship. Someone mentioned a quit deed but after reading several of the Q&A's, I am not sure how/if this will help him. We talked about it and we think she will refuse to sign anything because she would be forced to move. The mortgage company is not going to refinance a $200k house for an unemployed person, so he knows he cannot quit deed it to her.
Everyday is a battle and he knows he made a HUGE mistake. He just wants his freedom, peace of mind and money in his pocket.
Does he have ANY options?

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  • Thu, 19 Sep 2002 22:51:00 GMT(1)
  • With a partition, the court is going to order the house to be put up for sale, which it has been since April. If they order him to buy her out before it is sold, which would force her to move, who determines the buy-out amount? There is not a lot (if any) equity in a year old house.
  • Thu, 19 Sep 2002 22:26:00 GMT(2)
  • Originally posted by NoseyRosey
    What is the name of your state? TX
    In July 2k1, my brother and his then fiancee built a new home and shortly after moving in, he found out about her unsavory past. In April he put the house up for sale (has not sold yet). They ended their engagement but because she can't keep a job, she refuses to move. He does not want to move because he knows she cannot pay the mortgage and the house will go into foreclosure and mess up his credit (both names are on the house). He pays all of the bills and it is a hardship. Someone mentioned a quit deed but after reading several of the Q&A's, I am not sure how/if this will help him. We talked about it and we think she will refuse to sign anything because she would be forced to move. The mortgage company is not going to refinance a $200k house for an unemployed person, so he knows he cannot quit deed it to her.
    Everyday is a battle and he knows he made a HUGE mistake. He just wants his freedom, peace of mind and money in his pocket.
    Does he have ANY options?
    **A: sell the property or if she refuses, file partition.
  • Fri, 20 Sep 2002 13:05:00 GMT(3)
  • Originally posted by NoseyRosey
    With a partition, the court is going to order the house to be put up for sale, which it has been since April. If they order him to buy her out before it is sold, which would force her to move, who determines the buy-out amount? There is not a lot (if any) equity in a year old house.
    **A: the buy-out would be subject to negotiation between the parties or if no agrement is reached, the Court would decide. The Court gives final approval either way.
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