Legal Question in Family Law in Washington
Ex spouse refuses to register Quit Deed for home, makes threats
I would have signed my soul to the devil to make my ex go away. I guess I did. I was not in any emotional/mental state to sign anything and I did. In the divorce it state that I will be primarily responsible for home/mortgage; which was refinanced and the second mortgage included prior to divorce but during separtion. In short: We separated the liabilities of ten years of marriage and he took all assets. He is was supposed to sign a Quit Deed upon divorce. He says because he took back his biological last name, it's difficult to do. I said he needed only to show the divorce papers for name change and file the Quit Deed for the house. I am on Social Security Disablity for emotional duress, he continues to say he will sell the house, or that he will make it to where I will have to refinance; which I am not financially able to do; he just continues to psychological tort me and my daughter about lossing our home. I don't know what to do. The divorce needs to be amended and I need to do something about the refinance he did while I was emotionally incapacitated and we were separated. I never asked for a financial disclosure and I'm sure he is doing well. I can't afford a retainer of 2K and 200. an hour for assistance.
1 Answer from Attorneys
Re: Ex spouse refuses to register Quit Deed for home, makes threats
I generally charge less of a retainer than $2000.00 and my hourly rate is substantially less than $200.00 per hour. The issue in this case is getting a modification to the decree. This process puts the burden on the party seeking to undo or modify the final order (decree and any other orders (parenting plan and child support order)). In your context that would involve proving that their was coercion or fraud in inducing you to sign to decree. You should not anticipate that your bare word will suffice on that (you should look for corroboration of the coercion or fraud).