Question: Does anyone know of a Quit Claim Deed in the situation describe ever being over turned?
No response? Has this been answered somewhere else?
relax, sometimes it takes a couple days for the attorney to respond.
The best answer I can give you for the difference of opinion is that the attorney’s get paid regardless of whether or not they win in court. Their job is to know the law and to argue to get the judge to rule in your favor.
My husband’s ex took him to court to have their notarized separation agreement voided due to her not understanding what she was signing. EDIT: She did understand the agreement but she got greedy after he and I started dating and figured that she could get more of the household items, child support, custody and even get him to just give her cash. This is after she took 3/4 of the items in the home, he had the children equal amount of time and sometimes more because she was partying, and he was still paying for everything for her and giving her money.
Her attorney even told her that she had very little chance of actually getting this done since she had the draft 3 days, found a mistake that was corrected and had the last draft 3 days prior to signing. After the first court scene, for custody, she renegotiated some of the major issues she had with my husband and settled rather than pay her attorney to litigate something he told her that he couldn’t win.
If you have a signed notarized document I would think that it will hold up in court, especially since you do not legally have to have a separation agreement. The recordings will help as will the fact that you filed the claim. I think they are grasping at straws. I don’t think that the rest of the marital assets would have an effect on this either…but hopefully the attorney will answer on this one.
Thank you for your reply stepmother. You are very kind.
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[i]Originally posted by don5327[/i] [br]Bump to top
Please don’t do that. It causes your post to be bumped to the back of the response queue.
A quit claim deed can be executed at any time, but the deed merely transfers the title to the property. It does not eliminate your spouses marital interest in the property. While the property will remain in your name, if you had equity in the home, she would still b entitled to a portion of that through equitable distribution. There are some other legal technicalities regarding a quit claim deed, however, they do not have much application to the question you are asking and so I have not described them in detail.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
301 McCullough Drive
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
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Chapel Hill, NC 27514
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
My spouse signed (and notarized) a quit claim deed on the house in the absence of a separation agreement. I filed this with the registrar of deeds in my county. She moved out a couple of months before signing the quit claim. Once presented with a separation agreement she at that time retained an attorney. Now she and her attorney are saying that the quit claim deed is not valid because it was not done in conjunction with a separation agreement. My attorney is very confident that that they will have a very difficult time overturning the quit claim deed. I have recordings of my spouse saying that she does not want the house. I have recordings of my spouse discussing the quit claim deed with me.
Question: How can 2 attorneys be so far apart on the validity of a duly signed and executed legal document?
Question: Can a properly executed quit claim deed, signed of the person’s own free will be overturned regardless of the state of the rest of the marital assets?