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Quit Claim deed and liens Please help if you can!!

Posted by on Oct. 29, 2009 at 10:27 AM
  • 9 Replies

The Parties own real property located at  Tennessee.  The Husband shall Quit Claim any and all interest in and to said real property in and to the Wife. The Wife shall assume any and all indebtedness on said real property, holding Husband harmless there from.   

This is what my divorce papers say, my question is if there is a lien on the house after he quit claim deeds the house would I be held responsible for that lien?  Even though the lien is because of HIS debt.

He owes the military over 20 grand and I'm afraid they will lien the house after I solely own it and I will be held responsible.

I would ask my lawyer but its a long story as to why I cant.

by on Oct. 29, 2009 at 10:27 AM
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edwardsgirl
by on Oct. 29, 2009 at 10:29 AM

uh i am not legal savvy but it says you shall assume any and all indebtedness on said real property holding husband harmless.

i would think that means you will be responsible for any liens aganist the house, even if they are there due to your husband's debt.

Willowjade
by on Oct. 29, 2009 at 10:32 AM

I would think that the Lien has to be settled before any title changes can be made.  And if there isn't a lien on it currently, I don't think it can be placed on property he is no longer responsible for.  That would be the equilivant of him selling the house and them coming and putting a lien on the house against the new owners because he USED to own it. 

If you can't call your lawyer, call a title company.  They deal with writing title insurance every day, they may be able to help you.  Or call a different lawyer, many offer free first time consultations over the phone :)

kk_bella
by on Oct. 29, 2009 at 10:34 AM

I work in this area and I can try to help if you give me about half an hour, my hubs is getting o nmy case for being on the pc too long this morning. Gimme a minute if no one answers before me.

ctfirsttimemom
by on Oct. 29, 2009 at 10:35 AM

Is his military debt a lien on the property now?   It sounds like any debts tied to the property will become your responsibility.   I'm not an expert by any means.   Did you ask your lawyer?

HouseKatof2
by on Oct. 29, 2009 at 10:37 AM


 

Quote:

He owes the military over 20 grand and I'm afraid they will lien the house after I solely own it and I will be held responsible.


 

 

If there is not a lien on the house currently, they cannot put a lien on the property for his debt when you are the sole owner. If they attempt to, you just need to provide them copies of the quick claim deed, and possibly your divorce decree, showing that the property is in no way tied to your ex anymore.  


"It is in our obligation to endure that we achieve the right to know."
~My Dad   




"It is easier to build strong children than to repair broken men" 
~Fredrick Douglass

ktwister
by Gold Member on Oct. 29, 2009 at 10:40 AM

So there is not lien against the property at this time? You are worried they will seek a lien in the near future, correct?

Since the money is not tied to the house, via a note, or work done on said property, the Military would seek Judgement first, then ask to have a lien placed on any assets.

If  the property was QCD in solely your name, he no longer has any rights or claims to the property, therefor any party who has a Judgment against him can not seek to lien property he no longer holds title to.


kk_bella
by on Oct. 29, 2009 at 10:42 AM

Yes, it means that you will be responsible for all debt on the house/property.

**UNLESS TN has some specific laws regarding this that I am not aware of*** 


randmmom05
by on Oct. 29, 2009 at 10:51 AM

Im not sure.  My lawyer said she would look but she has gotten lazy and wont answer any phone calls nor emails. Im really close to reporting her to the bar association.

Quoting ctfirsttimemom:

Is his military debt a lien on the property now?   It sounds like any debts tied to the property will become your responsibility.   I'm not an expert by any means.   Did you ask your lawyer?

He accrued the debt a couple years ago. They use to call me badgering me about it but the phone calls stopped when I told them he was incarcerated and to leave me alone about it.

edwardsgirl
by on Oct. 29, 2009 at 10:54 AM


Quoting randmmom05:

Im not sure.  My lawyer said she would look but she has gotten lazy and wont answer any phone calls nor emails. Im really close to reporting her to the bar association.

Quoting ctfirsttimemom:

Is his military debt a lien on the property now?   It sounds like any debts tied to the property will become your responsibility.   I'm not an expert by any means.   Did you ask your lawyer?

He accrued the debt a couple years ago. They use to call me badgering me about it but the phone calls stopped when I told them he was incarcerated and to leave me alone about it.

If the lien is there; based on what the divorce said; you will be responsible for it.


 

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