What are my rights if my ex-husband and I are both still on the title to the house and now he wants me to sing a quitclaim deed but our divorce decree is silent on the issue?

He wants to refinance but cannot unless I sign a quit claim deed. He has physical custody of the house. No where in our divorce decree does it say I ever have to sign it off. He is now telling me I have until next week to sign a quit claim deed or he will go after me for damages if is not able to refinance. Can he legally force me to sign off?

Asked on September 11, 2015 under Family Law, Idaho

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If your ex-husband was awarded the house in the final decree, then you need to sign the quitclaim deed if he is re-financing the house in his name alone.  There are two main reasons for this.  One, because your failure to do so is basically interfering with his use and possession of the house--- which he would be entitled to if he was awarded the house.  The second reason you want to sign off is so that it gets the house out of your name.  As long as your name is on these documents, you could potentially be liable for any finance or insurance issues associated with the house. So... reduce your own liability and sign.
If the decree did not award either one of you the house, then you still have a property interest in the house and you should not sign.  Signing would result in you effectively abandoning your interest in the property.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.