Quit Claim Question

[stmichael052405]

What is the name of your state (only U.S. law)? Colorado

Please read all the way through because at first glance, this looks like a child support questions, but that's only the historical basis for the real questions: Quit Claims

Also, please keep in mind that I am asking for advice/help on this because I admit that I'm pretty naive/ignorant of the laws effecting real estate and child support, but I'm working hard on getting up to speed.

History/current scenario: I contend that my ex husband owes back child support. For the past two weeks, I've been working on (1) finding out the whereabouts of my ex; and, (2) researching Colorado's child support laws i.e. no statute of limitations, Doctrine of Laches, etc.

Based on my ex's history of staying below the radar and being hard to find, I also started researching public documents for western slope counties (where I'd heard he was currently living) to try to find my ex's current address.

After a lot of research through public documents, I found his current address. I also found out that my ex and his "new" wife (they were married in 2005) purchased property in both of their names about 18 months after they were married. They've owned this property in both of their names since Feb. 2007.

So, I began trying to get as much info together to file for back child support and/or a judgement lien on the property if he is unwilling to pay the back child support. Two days ago, I went back to these public documents for a legal description of their property and I found out that four days earlier, my ex and his current wife quit claimed the property out of both of their names and put it in her name only. I hate to have a paranoid reaction, but based on his history of paying child support for one year out of the 18 he should have, I must admit, I became suspicious. I have discussed with no one except forum members on the child support piece of this site that I was planning on trying to collect the past child support. No names were used, no locations, no identifying info was used in my discussions with Free Advice/child support.

It appears, at first glance, to me, that I am SOL as far as filing a lien on this property for past due child support. But on second/third etc glance, I began wondering, hmmmmm?
is that really the case.

So . . . what am I Not seeing?

Here are my questions: (1) What reasons are there for quit claiming property of a substantial value over to one spouse by both spouses when that property was acquired as marital property?

(2) Can the recent quit claim from ex and his wife to only his wife be seen in court as ex's attempt to avoid (again) paying the past due cs?

One reason I've heard about for this kind of quit claim action is that sometimes in a refinance when only one spouse is working, a lending institution will demand that the quit claim be done into the working spouse's name only. This seems kind of shakey since in Colorado all property acquired during the marriage is considered "marital property" and subject to a 50/50 split upon divorce.

Thanks very much for any advice/insights.

 

[nextwife]

What is the name of your state (only U.S. law)? Colorado

Please read all the way through because at first glance, this looks like a child support questions, but that's only the historical basis for the real questions: Quit Claims

Also, please keep in mind that I am asking for advice/help on this because I admit that I'm pretty naive/ignorant of the laws effecting real estate and child support, but I'm working hard on getting up to speed.

History/current scenario: I contend that my ex husband owes back child support. For the past two weeks, I've been working on (1) finding out the whereabouts of my ex; and, (2) researching Colorado's child support laws i.e. no statute of limitations, Doctrine of Laches, etc.

Based on my ex's history of staying below the radar and being hard to find, I also started researching public documents for western slope counties (where I'd heard he was currently living) to try to find my ex's current address.

After a lot of research through public documents, I found his current address. I also found out that my ex and his "new" wife (they were married in 2005) purchased property in both of their names about 18 months after they were married. They've owned this property in both of their names since Feb. 2007.

So, I began trying to get as much info together to file for back child support and/or a judgement lien on the property if he is unwilling to pay the back child support. Two days ago, I went back to these public documents for a legal description of their property and I found out that four days earlier, my ex and his current wife quit claimed the property out of both of their names and put it in her name only. I hate to have a paranoid reaction, but based on his history of paying child support for one year out of the 18 he should have, I must admit, I became suspicious. I have discussed with no one except forum members on the child support piece of this site that I was planning on trying to collect the past child support. No names were used, no locations, no identifying info was used in my discussions with Free Advice/child support.

It appears, at first glance, to me, that I am SOL as far as filing a lien on this property for past due child support. But on second/third etc glance, I began wondering, hmmmmm?
is that really the case.

So . . . what am I Not seeing?

Here are my questions: (1) What reasons are there for quit claiming property of a substantial value over to one spouse by both spouses when that property was acquired as marital property?

(2) Can the recent quit claim from ex and his wife to only his wife be seen in court as ex's attempt to avoid (again) paying the past due cs?

One reason I've heard about for this kind of quit claim action is that sometimes in a refinance when only one spouse is working, a lending institution will demand that the quit claim be done into the working spouse's name only. This seems kind of shakey since in Colorado all property acquired during the marriage is considered "marital property" and subject to a 50/50 split upon divorce.

Thanks very much for any advice/insights.

They could also be divorcing, and they agreed to her having the house.

If they bought in the last two years, it may very well be "upside down" and have no equity. Did you look at the mortgage amount?

 

[stmichael052405]

They could also be divorcing, and they agreed to her having the house.

If they bought in the last two years, it may very well be "upside down" and have no equity. Did you look at the mortgage amount?

Hi Nextwife,

Here's what I found on the public documents site:

Warranty Deed, consideration $500,000.00

Deed of Trust shows the lender and that there is a promissory note for $395,000. So, am I correct in assuming that my ex and his current wife came up with $105,000 to pay the consideration amount of $500,000.00. I ask because I am pretty ignorant about how these things work.

The Deed of Trust mentions an "adjustable rate rider" and also states that the payments are "interest only" at ___% until 2017 and the interest rate can change in 2012.

Perhaps, she (they) is (are) refinancing to get a 30 year fixed. Is my thinking a logical guess here? ie. ex & wife quitclaim to wife only, get a 30 year fixed, wife quitclaims back to my ex and herself. My ex's wife owns a lot of properties (found this out with a little digging and research into public documents). Is it possible this whole thing could be a refi scenario and the refi is somehow linked to all the properties she owns, perhaps being used as collateral for the refi. Sorry if I sound like I don't know what I'm talking about because I don't.

So, I'm going back to the public documents and see what the tax assessor is saying the value is. That may be an indicator as to whether they are upside down on the mortgage, right???

 

[HomeGuru]

What is the name of your state (only U.S. law)? Colorado

After a lot of research through public documents, I found his current address. I also found out that my ex and his "new" wife (they were married in 2005) purchased property in both of their names about 18 months after they were married. They've owned this property in both of their names since Feb. 2007.

So, I began trying to get as much info together to file for back child support and/or a judgement lien on the property if he is unwilling to pay the back child support. Two days ago, I went back to these public documents for a legal description of their property and I found out that four days earlier, my ex and his current wife quit claimed the property out of both of their names and put it in her name only. I hate to have a paranoid reaction, but based on his history of paying child support for one year out of the 18 he should have, I must admit, I became suspicious. I have discussed with no one except forum members on the child support piece of this site that I was planning on trying to collect the past child support. No names were used, no locations, no identifying info was used in my discussions with Free Advice/child support.

It appears, at first glance, to me, that I am SOL as far as filing a lien on this property for past due child support. But on second/third etc glance, I began wondering, hmmmmm?
is that really the case.

So . . . what am I Not seeing?

Here are my questions: (1) What reasons are there for quit claiming property of a substantial value over to one spouse by both spouses when that property was acquired as marital property?

**A: it was a nice try on his part but a good CS attorney could file to collect CS and make a claim that that real estate transfer of woenrship was fraudulent and for the sole purpose of evading a CS claim.You ned to tak action now so that you get the CS judgement and lien the property.


##########################

(2) Can the recent quit claim from ex and his wife to only his wife be seen in court as ex's attempt to avoid (again) paying the past due cs?


**A: yes, read my response above.


#############

One reason I've heard about for this kind of quit claim action is that sometimes in a refinance when only one spouse is working, a lending institution will demand that the quit claim be done into the working spouse's name only. This seems kind of shakey since in Colorado all property acquired during the marriage is considered "marital property" and subject to a 50/50 split upon divorce.

Thanks very much for any advice/insights.

**A: why have you not pursued collection of CA through the state office?

 

[HomeGuru]

Hi Nextwife,

Here's what I found on the public documents site:

Warranty Deed, consideration $500,000.00

Deed of Trust shows the lender and that there is a promissory note for $395,000. So, am I correct in assuming that my ex and his current wife came up with $105,000 to pay the consideration amount of $500,000.00. I ask because I am pretty ignorant about how these things work.

The Deed of Trust mentions an "adjustable rate rider" and also states that the payments are "interest only" at ___% until 2017 and the interest rate can change in 2012.

Perhaps, she (they) is (are) refinancing to get a 30 year fixed. Is my thinking a logical guess here? ie. ex & wife quitclaim to wife only, get a 30 year fixed, wife quitclaims back to my ex and herself. My ex's wife owns a lot of properties (found this out with a little digging and research into public documents). Is it possible this whole thing could be a refi scenario and the refi is somehow linked to all the properties she owns, perhaps being used as collateral for the refi. Sorry if I sound like I don't know what I'm talking about because I don't.

So, I'm going back to the public documents and see what the tax assessor is saying the value is. That may be an indicator as to whether they are upside down on the mortgage, right???

**A: at the time of the purchase there was around $100K of equity in the property. Part of that is your CS $$$.

 

[nextwife]

**A: at the time of the purchase there was around $100K of equity in the property. Part of that is your CS $$$.

Not based on what the REO magazines I get say. CO is one of those states in which $100,000 in value may easily have evaporated. For now, anyway.

Additionally, he is no longer in title.

 

[stmichael052405]

**A: why have you not pursued collection of CA through the state office?

Thanks so much for your answers.

Why have I not pursued collection of CS through the state office, or for that matter, why have I not pursued collection at all. Really good question. The answer has been difficult for me to admit. Truthfully, because I was afraid to, afraid of him, afraid of what it would take. Afraid, afraid, afraid . . . Well, I just got sick and effing tired of being afraid. I grew the female equivalent of the proverbial brass _ _ _ _ s, got a firm grip on it/them(?) and took the leap. He's been trading on my pusilanimous, milque-toast timidity long enough.

All along I've believed I was SOL on collecting the past due support. It's been a really long time since the support was ordered.

Then, I only recently found out that CO has no statute of limitations on CS. Thanks to SilverPlum, I found out that CO doesn't allow the use of the Doctrine of Laches on past due child support.

I also wanted to know how his owning property would effect the collection of back due child support. When I discovered the quit claim, at first I was daunted, but after giving it some thought, I wondered about the "quit claim to avoid paying the CS" piece. Thanks for your answers on that! I believe I've become undaunted.

Finally, I wanted to get the advice/opinion of more knowledgeable persons before I attempted this. There are some sites that advertise getting back child support for a cut (about 1/3). I'm a little skeptical of these, tho, they say they use CS attorneys.

If I'm going to go for this, I wanted to know as much about it through my own research as possible.

Also, "pullin' the coats'" of the Senior members on this forum has made me toughen up. The Senior Members here are tough, with a capital T, but smart, savy and fair. I seriously owe all of you a lot . . . more than you'll every know (or want to know)

 

[stmichael052405]

**A: why have you not pursued collection of CA through the state office?

Thanks so much for your answers.

Why have I not pursued collection of CS through the state office, or for that matter, why have I not pursued collection at all. Really good question. The answer has been difficult for me to admit. Truthfully, because I was afraid to, afraid of him, afraid of what it would take. Afraid, afraid, afraid . . . Well, I just got sick and effing tired of being afraid. I grew the female equivalent of the proverbial brass _ _ _ _ s, got a firm grip on it/them(?) and took the leap. He's been trading on my pusilanimous, milque-toast timidity long enough.

All along I've believed I was SOL on collecting the past due support and because I was severly intimidated by him.

Then, I only recently found out that CO has no statute of limitations on CS. It's been a really long time since the support was ordered. Thanks to SilverPlum, I found out that CO doesn't allow the use of the Doctrine of Laches on past due child support.

I also wanted to know how his owning property would effect the collection of back due child support. When I discovered the quit claim, at first I was daunted, but after giving it some thought, I wondered about the "quit claim to avoid paying the CS" piece. Thanks for your answers on that!

Finally, I wanted to get the advice/opinion of more knowledgeable persons before I attempted this. There are some sites that advertise getting back child support for a cut (about 1/3). I'm a little skeptical of these, tho, they say they use CS attorneys.

If I'm going to go for this, I wanted to know as much about it through my own research as possible.

Also, "pullin' the coats'" of the Senior members on this forum has made me toughen up. The Senior Members here are tough, with a capital T, but smart, savy and fair.

 

[stmichael052405]

AAAAGGGGRRRRRGGGHHHH!!!!!


Sorry, I just did it again I AM such a novice a dunderhead novice
stmichael052405

 

[HomeGuru]

Not based on what the REO magazines I get say. CO is one of those states in which $100,000 in value may easily have evaporated. For now, anyway.

Additionally, he is no longer in title.

**A: read my post again, I stated at the time of purchase not the value now.
I know he is no longer on title but the transfer was fraudulent in an attempt to evade paying the CS. That's my 2nd point. I'll come over to see you this weekend to explain.