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Kristen F

Selling a house after a divorce

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I was divorced in September of 2017. The divorce states that my ex had until June 1, 2018 to either buy me out or vacate the property. We are now selling and he is still in the house although he was supposed to be out 8 months ago.   I received the title paperwork and I see that the original title paperwork says, "Kristen F, a married woman as a sole and separate property, purchased the house. It looks as though he quit claimed the deed to me when we purchased the house.  I got a loan against my property that I owned prior to marrying him to purchase the property now being sold. The property the original loan was drawn off of was my property and he was never on the deed.  How should I look at this? Do I have to split the proceeds with him legally? Does he have any right to the profit from the proceeds?

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Washington is a community property state. So, yes, you might have to split the proceeds even though you own it as your sole and separate property.

 

3 minutes ago, Kristen F said:

How should I look at this?

 

Through the eyes of your divorce lawyer. If you didn't have one then, get one now.

 

4 minutes ago, Kristen F said:

he is still in the house although he was supposed to be out 8 months ago

 

You may have to evict him before you can sell it. One more reason to get a lawyer.

 

You can bet that whoever buys your house isn't buying it with him in it.

 

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That isn't the problem. He's agreeing to the sell and it's in the process of closing. I just need to know if this quit claim deed proves that I bought the house on my own and I don't owe him any of the proceeds from the sell.

 

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There's two parts to that question.

 

1 hour ago, Kristen F said:

I just need to know if this quit claim deed proves that I bought the house on my own

 

It proves that you own it as your sole and separate property. There's a difference between that and "bought the house on my own."

 

1 hour ago, Kristen F said:

I don't owe him any of the proceeds from the sell. 

 

The point I tried to make earlier is that Washington is a community property state and your ex might have a "marital" interest in the proceeds because of community property laws. Even if the escrow company makes the check payable to only you, he could take you back to divorce court and claim a share of the money.

 

Community property laws are complicated and you apparently don't understand them. You really do need to talk to a divorce lawyer who can explain this stuff to you and prepare you for what might be coming.

 

 

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3 hours ago, Kristen F said:

How should I look at this?

 

That's a phenomenally vague question.

 

Unless you want to go back to court and seek a modification of your divorce decree, that's all that matters at this time, and you didn't tell us what, if anything, the decree says is to be done with the property if he doesn't buy you out.  For whatever reason, you elected not to seek to have your ex held in contempt for not vacating the premises eight months ago.  You're free to do that now, and it might make it easier to sell the property.

 

 

3 hours ago, Kristen F said:

Do I have to split the proceeds with him legally? Does he have any right to the profit from the proceeds?

 

We obviously do not know what your divorce decree says.

 

 

2 hours ago, Kristen F said:

I just need to know if this quit claim deed proves that I bought the house on my own and I don't owe him any of the proceeds from the sell.

 

it does not prove either of those things.

 

Since your divorce decree was entered after this quitclaim deed was recorded, it is going to control.  You either follow it or file with the court to modify it.  However, since you knew or should have known the exact status of the title before the decree was entered, the court may be unwilling to modify anything at this point.  I agree that you need to consult with a local family law attorney.

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5 hours ago, adjusterjack said:

There's two parts to that question.

 

 

It proves that you own it as your sole and separate property. There's a difference between that and "bought the house on my own."

 

 

The point I tried to make earlier is that Washington is a community property state and your ex might have a "marital" interest in the proceeds because of community property laws. Even if the escrow company makes the check payable to only you, he could take you back to divorce court and claim a share of the money.

 

Community property laws are complicated and you apparently don't understand them. You really do need to talk to a divorce lawyer who can explain this stuff to you and prepare you for what might be coming.

 

 

I do understand the community property laws of Washington. What I don't understand is reality documents. Apparently I worded my question a bit unclear. I was asking if anyone might know the answer to my question regarding the quit claim deed and maybe explain why it's worded the way it is and what it means. Thank you for your comments. I will get in touch with an attorney.

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15 hours ago, Kristen F said:

maybe explain why it's worded the way it is and what it means.

 

You'd have to ask the person who prepared it why it's worded the way it is, and we can't intelligently discuss "what it means" because we haven't read it, and you haven't quoted any or all of it.

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