Legal Question in Real Estate Law in Virginia

Re: quit deed

I assume that there is a court order that you get a percentage when the house is sold.

Technically, there is nothing wrong with what he is asking, because he is under a court order to pay the percentage (as I understand it). So whatever happens, he must pay you the percentage.

The dangers that occur to me is that he might disobey the court order and not pay, and/or that you might not know how much was paid, to be able to monitor the percentage.

But if he is under a court order he would be disobeying the court order not to pay you, regardless of what you do with a quitclaim deed.

(I suppose if the divorce court's order were overturned on appeal or changed, that could also deprive you of your percentage.)

It would trouble me a bit for you to still be liable under the mortgage but already giving up your name on the title to the property. Usually if you are on the mortgage you should be on the deed.

I can't see any compelling need for you to sign over a quitclaim deed to him, unless you have trouble getting together geographically or the like to deal with a sale or if talking to each other is extremely unpleasant so it is better not to have to talk to each other about selling the house.

IT COULD BE that for him to refinance the property in his own name, to take you off the mortgage, that he needs to be the sole owner of the property. In that case, you should probably offer to deliver the quitclaim deed to the "Closing" of the refinancing loan, so that you are off the mortgage at the same time that you remove your name from the title. At the same time.

Of course that would only postpone the day when the house is sold and you get your percentage. But at least you would be off the mortgage. And this is of course a terrible time to sell a house. Waiting for better times might get you more money.

But you should probably study the divorce court's order again, and maybe with the help of an attorney.

It is actually a "quitclaim deed" (or is supposed to be). It is a deed transferring your rights to the property without you making any promises. You are not promising that the legal title to the property is correct, etc., etc.

Perhaps it would be a good idea to have an attorney speaking for you, who can do this without arousing arguments, hopefully.