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	<title>Comments on: A D-I-Y Don&#8217;t: Divorce</title>
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	<link>http://raincityguide.com/2007/12/18/a-d-y-i-dont-divorce/</link>
	<description>Seattle&#039;s Leading Resource for Real Estate Information</description>
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		<title>By: Rhonda Porter</title>
		<link>http://raincityguide.com/2007/12/18/a-d-y-i-dont-divorce/#comment-329919</link>
		<dc:creator>Rhonda Porter</dc:creator>
		<pubDate>Wed, 10 Dec 2008 01:12:23 +0000</pubDate>
		<guid isPermaLink="false">http://raincityguide.com/2007/12/18/a-d-y-i-dont-divorce/#comment-329919</guid>
		<description>K, I&#039;m just coming across your message now.  I&#039;m not sure if it went into our spam bin or what happened.  I&#039;m not an attorney and if the decree states that she relinquished interest in the property, I&#039;m not sure how or why she would claim an interest now.  Regardless, it sounds like a challenging situation and you may want to consult with an attorney.</description>
		<content:encoded><![CDATA[<p>K, I&#8217;m just coming across your message now.  I&#8217;m not sure if it went into our spam bin or what happened.  I&#8217;m not an attorney and if the decree states that she relinquished interest in the property, I&#8217;m not sure how or why she would claim an interest now.  Regardless, it sounds like a challenging situation and you may want to consult with an attorney.</p>
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		<title>By: K</title>
		<link>http://raincityguide.com/2007/12/18/a-d-y-i-dont-divorce/#comment-322251</link>
		<dc:creator>K</dc:creator>
		<pubDate>Thu, 24 Jul 2008 05:25:36 +0000</pubDate>
		<guid isPermaLink="false">http://raincityguide.com/2007/12/18/a-d-y-i-dont-divorce/#comment-322251</guid>
		<description>My wife was divorced from her ex and the divorce stated he would stay in the house &amp; my wife would relinquish any personal interest in the property. She was on the deed and mortgage. He never made an attempt to have my wife taken off the deed or the mortgage. Whose responsibility would it have been in the divorce to do this or is it just one of those things that both parties should have been involved in?. He passed away a few months ago and now his daughter from a previous marriage as trying to force my wife into signing a quit claim deed. I know this will take her off the deed but not the mortgage. He had actually fallen a few months behind in the mortgage and it was going to be foreclosed on but someone brought it current after his death. I am curious if technically my wife is the true owner of the property as she is on the deed &amp; the mortgage and he is dead. There was no will that we are aware of. The house was obtained between him &amp; my wife during their marriage and his daughter never lived in the house.If my wife does not sign the quit claim deed can she be held in contempt of court? Can she be forced to sign it without the mortgage being paid off or refinanced by his daughter? Since he did not keep the mortgage current, can his estate be sued as there was a life insurance policy on the house that if either died it would pay it off. Since it fell behind the insurance was no longer valid so there is still a balance on the mortgage.</description>
		<content:encoded><![CDATA[<p>My wife was divorced from her ex and the divorce stated he would stay in the house &amp; my wife would relinquish any personal interest in the property. She was on the deed and mortgage. He never made an attempt to have my wife taken off the deed or the mortgage. Whose responsibility would it have been in the divorce to do this or is it just one of those things that both parties should have been involved in?. He passed away a few months ago and now his daughter from a previous marriage as trying to force my wife into signing a quit claim deed. I know this will take her off the deed but not the mortgage. He had actually fallen a few months behind in the mortgage and it was going to be foreclosed on but someone brought it current after his death. I am curious if technically my wife is the true owner of the property as she is on the deed &amp; the mortgage and he is dead. There was no will that we are aware of. The house was obtained between him &amp; my wife during their marriage and his daughter never lived in the house.If my wife does not sign the quit claim deed can she be held in contempt of court? Can she be forced to sign it without the mortgage being paid off or refinanced by his daughter? Since he did not keep the mortgage current, can his estate be sued as there was a life insurance policy on the house that if either died it would pay it off. Since it fell behind the insurance was no longer valid so there is still a balance on the mortgage.</p>
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		<title>By: Rhonda Porter</title>
		<link>http://raincityguide.com/2007/12/18/a-d-y-i-dont-divorce/#comment-249537</link>
		<dc:creator>Rhonda Porter</dc:creator>
		<pubDate>Thu, 24 Jan 2008 18:13:35 +0000</pubDate>
		<guid isPermaLink="false">http://raincityguide.com/2007/12/18/a-d-y-i-dont-divorce/#comment-249537</guid>
		<description>JH, I will always recommend contacting an attorney.  The QCD should not be recorded until the refinance is.</description>
		<content:encoded><![CDATA[<p>JH, I will always recommend contacting an attorney.  The QCD should not be recorded until the refinance is.</p>
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		<title>By: JH</title>
		<link>http://raincityguide.com/2007/12/18/a-d-y-i-dont-divorce/#comment-249499</link>
		<dc:creator>JH</dc:creator>
		<pubDate>Thu, 24 Jan 2008 16:56:03 +0000</pubDate>
		<guid isPermaLink="false">http://raincityguide.com/2007/12/18/a-d-y-i-dont-divorce/#comment-249499</guid>
		<description>JH:   My husband and I are going through a divorce and own our home &quot;free and clear.&quot;  My husband says that he is going to refiance my share of the payout and wants me to sign a Quit Claim Deed. Could there be any potential problems I should be aware of ?</description>
		<content:encoded><![CDATA[<p>JH:   My husband and I are going through a divorce and own our home &#8220;free and clear.&#8221;  My husband says that he is going to refiance my share of the payout and wants me to sign a Quit Claim Deed. Could there be any potential problems I should be aware of ?</p>
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		<title>By: Rhonda Porter</title>
		<link>http://raincityguide.com/2007/12/18/a-d-y-i-dont-divorce/#comment-231033</link>
		<dc:creator>Rhonda Porter</dc:creator>
		<pubDate>Fri, 21 Dec 2007 06:38:10 +0000</pubDate>
		<guid isPermaLink="false">http://raincityguide.com/2007/12/18/a-d-y-i-dont-divorce/#comment-231033</guid>
		<description>czb, I believe these days you have a 50/50 chance on having a successful marriage.   I doubt all of the RCG contributors have been divorced.  It is a life lesson and I&#039;m glad that we&#039;re open to sharing.</description>
		<content:encoded><![CDATA[<p>czb, I believe these days you have a 50/50 chance on having a successful marriage.   I doubt all of the RCG contributors have been divorced.  It is a life lesson and I&#8217;m glad that we&#8217;re open to sharing.</p>
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		<title>By: czb</title>
		<link>http://raincityguide.com/2007/12/18/a-d-y-i-dont-divorce/#comment-231007</link>
		<dc:creator>czb</dc:creator>
		<pubDate>Fri, 21 Dec 2007 05:00:09 +0000</pubDate>
		<guid isPermaLink="false">http://raincityguide.com/2007/12/18/a-d-y-i-dont-divorce/#comment-231007</guid>
		<description>Is being divorced a prerequisite to working in the real estate industry, or simply to be a contributor to this blog?</description>
		<content:encoded><![CDATA[<p>Is being divorced a prerequisite to working in the real estate industry, or simply to be a contributor to this blog?</p>
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		<title>By: Rhonda Porter</title>
		<link>http://raincityguide.com/2007/12/18/a-d-y-i-dont-divorce/#comment-230892</link>
		<dc:creator>Rhonda Porter</dc:creator>
		<pubDate>Thu, 20 Dec 2007 23:56:58 +0000</pubDate>
		<guid isPermaLink="false">http://raincityguide.com/2007/12/18/a-d-y-i-dont-divorce/#comment-230892</guid>
		<description>It takes 12 months of an ex making on-time payments before that mortgage payment is not considered for qualifying purposes.   If your divorce is fresh, you&#039;re going to need significant income to qualify for both mortgages (the ex&#039;s and yours).

Plus, if the ex is ever late, as Reba mentions, that late becomes your own mortgage late...and a mortgage late will dramatically drop your credit score.</description>
		<content:encoded><![CDATA[<p>It takes 12 months of an ex making on-time payments before that mortgage payment is not considered for qualifying purposes.   If your divorce is fresh, you&#8217;re going to need significant income to qualify for both mortgages (the ex&#8217;s and yours).</p>
<p>Plus, if the ex is ever late, as Reba mentions, that late becomes your own mortgage late&#8230;and a mortgage late will dramatically drop your credit score.</p>
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		<title>By: Reba Haas</title>
		<link>http://raincityguide.com/2007/12/18/a-d-y-i-dont-divorce/#comment-230814</link>
		<dc:creator>Reba Haas</dc:creator>
		<pubDate>Thu, 20 Dec 2007 20:55:31 +0000</pubDate>
		<guid isPermaLink="false">http://raincityguide.com/2007/12/18/a-d-y-i-dont-divorce/#comment-230814</guid>
		<description>I also am not an attorney but I have seen enough divorce situations of clients, friends, and my own divorce to know that it is possible as part of the dissolution of assets to require that a property be either refinanced or sold to handle the split and/or payment of assets between the parties if there are no other financial options for payments between the parties.  Sometimes the house is used as the resource for funds not because of equity position of the home but also for payout of retirement or other financial resources of the couple.  It all depends on the divorce decree and the individual couple&#039;s situation.

In my own case, I did a very simple and amicable DIY divorce with an ex but we did understand the implications of the mortgage situation.  I was on his mortgage for many years (I still trusted him completely) and he also helped me with buying my next home( he also trusted me).  Only a few years later did we refinance (when rates were lower) each property and by that time we both had had significant rises in our incomes to qualify individually for our own homes.  But, we are a rare case and we remain friends to this day.

I&#039;ve seen plenty of situations outside of even a divorce - such as siblings and investors - who are involved in owning property together that go through a similar issue.  One client I helped sell an investment property for had had one sibling buy out another co-investor&#039;s portion of a property but they only executed a Quit Claim and there was no refinance.  A few years later the former investor found out his credit had been ruined because the brother of the family who managed the property hadn&#039;t been paying the mortgage on time.  The sister that bought out this other investor also didn&#039;t realize a QC didn&#039;t relieve the former co-investor of financial obligation - and these folks own about 15 different properties for a total of about 60 units (including apartments). You&#039;d think they&#039;d know better - but they didn&#039;t.

Many people don&#039;t understand deeds, ownership issues, and mortgages.  There is not enough public information about these issues that is easily accessible and understandable to most folks and it&#039;s a darn shame. The internet and forums such as this one certainly help but not everyone has or knows the access to the resources.</description>
		<content:encoded><![CDATA[<p>I also am not an attorney but I have seen enough divorce situations of clients, friends, and my own divorce to know that it is possible as part of the dissolution of assets to require that a property be either refinanced or sold to handle the split and/or payment of assets between the parties if there are no other financial options for payments between the parties.  Sometimes the house is used as the resource for funds not because of equity position of the home but also for payout of retirement or other financial resources of the couple.  It all depends on the divorce decree and the individual couple&#8217;s situation.</p>
<p>In my own case, I did a very simple and amicable DIY divorce with an ex but we did understand the implications of the mortgage situation.  I was on his mortgage for many years (I still trusted him completely) and he also helped me with buying my next home( he also trusted me).  Only a few years later did we refinance (when rates were lower) each property and by that time we both had had significant rises in our incomes to qualify individually for our own homes.  But, we are a rare case and we remain friends to this day.</p>
<p>I&#8217;ve seen plenty of situations outside of even a divorce &#8211; such as siblings and investors &#8211; who are involved in owning property together that go through a similar issue.  One client I helped sell an investment property for had had one sibling buy out another co-investor&#8217;s portion of a property but they only executed a Quit Claim and there was no refinance.  A few years later the former investor found out his credit had been ruined because the brother of the family who managed the property hadn&#8217;t been paying the mortgage on time.  The sister that bought out this other investor also didn&#8217;t realize a QC didn&#8217;t relieve the former co-investor of financial obligation &#8211; and these folks own about 15 different properties for a total of about 60 units (including apartments). You&#8217;d think they&#8217;d know better &#8211; but they didn&#8217;t.</p>
<p>Many people don&#8217;t understand deeds, ownership issues, and mortgages.  There is not enough public information about these issues that is easily accessible and understandable to most folks and it&#8217;s a darn shame. The internet and forums such as this one certainly help but not everyone has or knows the access to the resources.</p>
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		<title>By: Kary L. Krismer</title>
		<link>http://raincityguide.com/2007/12/18/a-d-y-i-dont-divorce/#comment-230708</link>
		<dc:creator>Kary L. Krismer</dc:creator>
		<pubDate>Thu, 20 Dec 2007 16:14:12 +0000</pubDate>
		<guid isPermaLink="false">http://raincityguide.com/2007/12/18/a-d-y-i-dont-divorce/#comment-230708</guid>
		<description>I wish a divorce attorney would pop in here and say what the chance is a court would order a refinance.  And if the spouse couldn&#039;t refinance, order a sale.  My guess is the former is probably possible but the latter possible but not that likely.

I do know one sitaution where the court ordered a sale and it netted the couple very little (one of them didn&#039;t want the sale).  So perhaps it does happen.</description>
		<content:encoded><![CDATA[<p>I wish a divorce attorney would pop in here and say what the chance is a court would order a refinance.  And if the spouse couldn&#8217;t refinance, order a sale.  My guess is the former is probably possible but the latter possible but not that likely.</p>
<p>I do know one sitaution where the court ordered a sale and it netted the couple very little (one of them didn&#8217;t want the sale).  So perhaps it does happen.</p>
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		<title>By: Rhonda Porter</title>
		<link>http://raincityguide.com/2007/12/18/a-d-y-i-dont-divorce/#comment-230393</link>
		<dc:creator>Rhonda Porter</dc:creator>
		<pubDate>Thu, 20 Dec 2007 04:57:01 +0000</pubDate>
		<guid isPermaLink="false">http://raincityguide.com/2007/12/18/a-d-y-i-dont-divorce/#comment-230393</guid>
		<description>Karen, in that situation, someone might be better off considering selling the property.  This is where an attorney would really make sense.   More often than not, there is no savings in DIY divorce.  Consumers need to understand and be informed of the risk of mortgage, marriage and divorce.</description>
		<content:encoded><![CDATA[<p>Karen, in that situation, someone might be better off considering selling the property.  This is where an attorney would really make sense.   More often than not, there is no savings in DIY divorce.  Consumers need to understand and be informed of the risk of mortgage, marriage and divorce.</p>
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