Legal Question in Family Law in Iowa
Unknown document question
My husband and I are contimplating a divorce in the mean time we jointly purchased a home together and he would like to release his half which is free and clear if I would assume other liens on vehicles and loans and debts incurred that are house related (work dome to the boiler I have been paying on but still owe $650) also I would be assuming the taxes for 2003 which are $989 for the year as he has not oaid the 6 month in June and the rest is due now 9-1 so I will have to pay it all as to not lose the house to a tax auction also he would like for me to assume the 2004 taxes next year althought he resided here until 8-10-04. As i see it between what money I have put up for the house and what money he put up for the house the total obligations i will be taking on is about equal to if I bouht him out of his hald. He is willing to sign it over yet I fear in 1-2 years when a divorce will arise that he may change his mind and try to claim his 1/2. How do I protect myself from this happening, what other documents do I need or is an acknowledgement of this occurance acceptable enough in the courts eyes. Thank you--name removed--Denney
1 Answer from Attorneys
Re: Unknown document question
If I understand you right he isn't paying his share of the taxes, he wants you to assume liens and vehicle loans and no longer lives in the house and wants to walk away from it. It is not a matter for the courts as yet, as you will have to get the approval of the mortgage company to any release of interest. My guess is that you have to start there, and if they then approve it you can get a lawyer to draw up a quitclaim deed and get it filed.
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