Quit Claim Deed and Entitlement to Equity


#1

2 1/2 years ago my spouse and I signed a Separation and Property Settlement Agreement and he signed a quit claim deed to the home. I recorded both documents with the Wake County, NC. Resister of Deeds.
I (Plaintiff) recently filed for divorce and am in the process of getting my home ready to sell.

  1. I requested our marriage be dissolved and a judgement for absolute divorce.
  2. I requested the Separation and Property Settlement Agreement be incorporated.

Yesterday I received his (Defendant) answer and counterclaim.
He admitted to allegations in paragraph 1.
He denied allegations in paragraph 2.
He counterclaimed stating that upon the sale of the home shared and purchased by us both, the original deposit of $15,000 is returned to him and profits are distributed equally between us both.
First, the deposit on the home was only $8,378.
Second, he has not lived in the home for 2 1/2 years, not paid anything toward the home or contributed to any upgrades to increase the value of the home.
Third, I assumed all (approx. $55,000) but a $2.000 credit card debt he took in exchange for him signing the quit claim deed.
Finally, He signed the Quit Claim!!!
Does he have any claim to the equity of the sale of my home?


#2

Likely no, but you will need to refer to your separation agreement regarding if your husband is entitled to any equity and if so, when and how much.

Since the two of you executed a separation agreement, your marital property has been distributed (there has been an equitable distribution of the property). The distribution of the marital residence was addressed in your separation agreement (since he signed a quitclaim deed conveying his interest in the home to you) and any equity payout should have been addressed as well.

Further, most separation agreements include a waiver and release of each party’s right to file an equitable distribution action (or counterclaim) against the other at some future date. If this is the case in your agreement as well, then your husband’s equitable distribution counterclaim would be improper.