I have been married for nearly thirty years. I worked for the first nine years of our marriage, I was a police officer, and I became disabled. Soon after my handicap, my wife encouraged me to sign a bond demanding the abandonment of our house that we shared together, in order to refinance in her name alone, to help us reduce our mortgage payments during that difficult period.
You promised me that it would be temporary, and when our finances got better, we would refinance again, and take me back to the address. Well, that never happened. My wife worked throughout our marriage. My income is less than $ 15,000 a year, which includes my small pension, and a social insurance deficit.
You promised me that it would only be temporary, and when our finances improved, we would refinance again, and take me back to the address. Well, that never happened.
My wife’s income is over $ 100,000 a year. We have always jointly filed IRS taxes. Shortly after I was disabled, and without my knowledge, my wife changed her name and reverted to her maiden name. In 2012, a message was left on our landline from her bank (we always had separate accounts), containing information about additional refinancing, which I was not aware of.
I asked for the title deed to be returned, but she financed our mortgage again, this time in her maiden name, without returning me to the title to the property. She is now 65, and at 60 years old. She is about to retire from her job in California, and has been taking hints and making statements about my ex-husband. She says she wants to sell our house and get out of the state, which is something I’m not interested in.
She has a 30-year pension, 401 (k), savings, and checking account. I don’t know how much is in any of these accounts. She inherits two homes when her parents die. They are 95 years old. I know that I am not entitled to the inheritance. I am more interested in staying in the home that we have shared together for the past 30 years.
How screwed am I?
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One thing a judge hates, especially in divorce court, is fraud. The fact that you are disabled, and financially dependent on your wife And the Trust them to make the right decision that will help your case. She signed a termination lawsuit to transfer your home to your wife arguing that she would refinance it at a better rate, but it was clearly a calculated move on her part.
You need to request free legal aid. By telling your story to the courts, there is a high chance that you could convince the judge that you signed your resignation claim under duress, incompetence and / or fraud. Do not sign any other papers, including divorce papers, until you have consulted with a lawyer. You are not the first person to be urged to sign a lewd quit claim, and you will not be the last.
“Knowing how home ownership can affect home characterization, some couples are urging their partners to implement transfer deeds in order to gain an advantage in the event of divorce. Transactions between spouses Are subject to the fiduciary relationship that the law imposes on both parties upon their marriage, “according to Beckford, Bladow, and Peter In San Diego.
“You are not the first person urged to sign an obscene resignation demand, and it will not be the last.”
The law firm says: “Each of the spouses owes the other a duty of goodwill and fair dealing.” “In real estate transactions, if one of the spouses obtains an advantage over the other, there is an assumption that there is an undue influence. If the court finds that there is a promise from the granted spouse to regain the right of joint ownership in the future, the claim deed or the contract of transfer between the spouses may be nullified.”
The family home is not easily usurped by one of the spouses through an outrageous deed of resignation, especially if the property was purchased during your marriage. There are no guaranteed results, of course, but you should seek advice now before your wife lifts the divorce. Your wife’s machinations may end up costing them Ha Dearly.
In fact, it is your spouse who is most likely to prove that this is a separate property. “In a divorce case, the property does not control,” he adds Levine Family Law Group In Oakland, California, “instead, all property purchased during marriage is assumed to be communal (ie shared) regardless of how the property right is acquired. The burden of the spouse trying to prove to be” separate “becomes” to prove that it is not. “
The law firm says: “When the property purchased during the marriage is in the name of one of the spouses alone, and this spouse asserts that it is separate, there is an assumption that there is an undue influence in relation to the lucky husband that he must refute it.” . It can not be easily overruled only by a post-marriage agreement. “Other than that, it’s very difficult,” he adds.
Call an attorney. Don’t sign anything. God speed.
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