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My Wife Wants a Divorce But I Don't - What Do I Do?

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A divorce is always a hard decision to make whether the husband and wife were together for only a short time or for long years. Not only does it involve emotional distress but division of conjugal properties as well.

When couples decide on who should get this or that conjugal property which they acquired as husband and wife, legal documents known as deed are necessary. These documents are crucial to legally transfer a certain property from one person to another. One vital form is called the quit claim deed.

A quit claim deed is referred to as such because it quits or ceases a person's claim or interest on a real estate property and passes it to another person. There is no guarantee, though, when it concerns the rights of the person receiving the property.

Divorce situations

A divorce is just one of several situations where a quit claim deed proves necessary. An example would be a husband foregoing interest in the property that his wife owns. In this situation, the husband who quits claim on the property is referred to as the grantor while the wife who owns the property is called the grantee. Whatever risks involved here especially since there's no warranty on the title will be taken care of by the wife.

A quit claim deed is also needed if a married person who solely owns a property, which he or she bought prior to getting married, sells the property concerned to a third party. Executing a quit claim deed, in this instance, serves to ensure that the other spouse no longer has any interest to reclaim the property later on. With the absence of this deed, it is possible that the spouse could come back to claim ownership of the property.

In another divorce case, one spouse say, the wife, may want to stay in the conjugal home. The wife then needs to ask for a quit claim deed from her husband so she could claim sole interest in the residential property.

Names and mortgage

A quit claim deed should show the legal names of the parties involved in the transaction. In the case of divorced couples, the deed should bear the husband and wife's legal names or the same names that appear in their divorce decree. However, should both spouses wish to live in separate homes and would like to retain ownership of their conjugal property, this document will not be necessary.

As for mortgage concerns, a quit claim deed does not release the person quitting claim from his mortgage obligations. However, to remove the person who quits claim from the mortgage, the mortgage has to be refinanced through the name of the grantee or the person to whom the interest has been transferred.

In a divorce, a spouse can only claim ownership of the property and mortgage by refinancing the mortgage after the home has been conveyed to him or her. It is important to note, though, that many lenders will only allow a divorced individual to refinance a property if he or she has been on title to the said property for at least one year.

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Several Reasons For A Divorce And The High Demand Of Divorce Lawyers In Rural Areas

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Divorce has become a common occurrence both in the United States and around the world. According to divorce statistics, it is estimated that between 40 percent and 50 percent of first marriages end in divorce in the United States. In some countries, divorce rates for first marriages exceed 50 percent. Second and third marriages in the United States have even higher divorce rates. According to statistics, second marriages fail at a rate of 60-67 percent, and third marriages fail at a rate of 73-74 percent.

Divorce statistics show that there are number of reasons why marriages fail. According to divorced couples, the number one reason that marriage fails is due to either a lack of communication or poor communication. The second most cited reason for divorce is martial conflicts and arguments. Thirdly, many divorced couples say infidelity led to divorce. While these are the primary reasons cited for divorce, statistics show that there are several underlying factors that contribute to these trends. These factors include, but are not limited to: age, education, income, religion, and cohabitation.

Age

Statistics show that those who get married in their mid to late-twenties are less likely to get divorced that those who marry at a younger age, and that this age group tends to be more satisfied in marriage than those couple who marry later in life. For divorced couples under the age of 20, the women are more likely to initiate the divorce; whereas for divorced couples over the age of 20, the men are more likely to initiate the divorce.

Education and Income

Education and income both play a role in divorce statistics. Data shows that a married couple with a higher education and a higher income is less likely to divorce than a couple with lower education and lower income.

Religion

While several religious denominations show a slightly lower divorce rate of 21-34 percent, other data suggests that those with no religious affiliation have a lower divorce rate than those with reported religious affiliations. It has also been suggested that pastors of local congregations, for various reasons, may not be aware of how many divorced couples are actually in, or have been part of, their congregations.

Cohabitation

Reports suggest that between 40 percent and 85 percent of couples who lived together before getting married had the marriage end in divorce.

Divorce statistics indicate that about one-fourth of adults in the United States have been divorced at least once in their lifetime. Characteristics of individuals that have a higher probability of divorce include:

o younger age at time of marriage
o lower education
o has children from a previous relationship
o cohabitation prior to marriage
o sexual activity prior to marriage

According to divorce statistics, it does not appear that only one factor contributes to a couple's decision to divorce. Although three primary reasons have been identified by divorced couples as the leading causes of divorce, it seems that underlying factors may contribute to these issues as well.

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