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Quit Claim Deed in PA.

  • Thread starter Thread starter CFioren317
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CFioren317

Guest
What is the name of your state?What is the name of your state? Pennsylvania

My wife and I separated in February and I continued to contribute to the house and other bills while we were separated. I am now going to get an apartment and we are in the process of separating the finances. We started in May, and decided everything together very amicably. We have a 6 year old, and we agreed on support and everything. She took everything to her lawyer and he put together a Separation Agreement draft for us to go over and sign and return to him. This entire process is costing $2000, which seems very steep to me, but she agreed to pay $1500 because it is her lawyer.

Anyway, we have waited 2 months and even she is sick of waiting. As of receiving the draft, we owed $875 and we are going to pay that and use the draft as our agreement. IN the agreement, she receives full ownership of our house via a quit claim deed. On the deed and the mortgage is my wife and my mother (I have some credit issues).

I have a couple questions here. First, since I am very weary of lawyers right now, given our current experience, what should we do with this separation agreement? Do we need to file it with the court, or can it be signed and used in divorce proceedings, if things get that far. Second, if I decide to buy one of those online quit claim deed forms, where do I file that? With the court? Would my mom and my wife have to be present at a notary to get the thing official? And how does that affect the mortgage? Does my wife need to refinance the mortgage only in her name, or if she doesn't "need to" is it something i should push for.

I apologize for all the confusion, but this lawyer really screwed me I think, and now the guy is in Italy for a month. He'll be lucky if he even gets the $875 without a fight.

Thanks in advance.
 


nextwife

Senior Member
CFioren317 said:
IN the agreement, she receives full ownership of our house via a quit claim deed. On the deed and the mortgage is my wife and my mother

I have a couple questions here. First, since I am very weary of lawyers right now, given our current experience, what should we do with this separation agreement? Do we need to file it with the court, or can it be signed and used in divorce proceedings, if things get that far. Second, if I decide to buy one of those online quit claim deed forms, where do I file that? With the court? Would my mom and my wife have to be present at a notary to get the thing official? And how does that affect the mortgage? Does my wife need to refinance the mortgage only in her name, or if she doesn't "need to" is it something i should push for.

Your mother will still have an obligation on that mortgage if you quit claim. Do NOT do this unless she refinances Mom OFF the mortgage. If you QC and ex defaults, Mom's credit could be ruined AND mom may end up facing a default judgement in the event of a foreclosure. Not to mention that having that mortgage out there may impact on Mom's ability to go finance something of her own, should she wish to do so.

A QC does NOT remove the obligation to the third party! Either she should refinance, or the place should be sold and she buys a place herself. Do not QC leaving Mom on the mortgage!
 

HomeGuru

Senior Member
CFioren317 said:
What is the name of your state?What is the name of your state? Pennsylvania

My wife and I separated in February and I continued to contribute to the house and other bills while we were separated. I am now going to get an apartment and we are in the process of separating the finances. We started in May, and decided everything together very amicably. We have a 6 year old, and we agreed on support and everything. She took everything to her lawyer and he put together a Separation Agreement draft for us to go over and sign and return to him. This entire process is costing $2000, which seems very steep to me, but she agreed to pay $1500 because it is her lawyer.

Anyway, we have waited 2 months and even she is sick of waiting. As of receiving the draft, we owed $875 and we are going to pay that and use the draft as our agreement. IN the agreement, she receives full ownership of our house via a quit claim deed. On the deed and the mortgage is my wife and my mother (I have some credit issues).

I have a couple questions here. First, since I am very weary of lawyers right now, given our current experience, what should we do with this separation agreement? Do we need to file it with the court, or can it be signed and used in divorce proceedings, if things get that far. Second, if I decide to buy one of those online quit claim deed forms, where do I file that? With the court? Would my mom and my wife have to be present at a notary to get the thing official? And how does that affect the mortgage? Does my wife need to refinance the mortgage only in her name, or if she doesn't "need to" is it something i should push for.

I apologize for all the confusion, but this lawyer really screwed me I think, and now the guy is in Italy for a month. He'll be lucky if he even gets the $875 without a fight.

Thanks in advance.

**A: then get another lawyer, good grief.
 
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CFioren317

Guest
"Good grief"??? Like getting screwed by a lawyer should just make me go out and get another lawyer? Must be a lawyer talking...condescending and mocking me for not trusting lawyers...yep a lawyer it is.

Thanks...good grief.
 

Esquire555

Junior Member
you should hire a Real Estate Attorney who knows what they are doing and not some general practice attorney who does everything and knows nothing.
 

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