Quitclaim deed


#1

bean,

I would think yes, you have real property to split. When you said “he has signed over the property” I assume you mean the house. From what I have read here, a quitclaim deed removes him from the title. He could still fight you for half of the equity in the house. There are nuances though. Does the quitclaim deed state that it represents a division of marital assets? Does it reference NC 50-20? If not, (or even if it did) some attorneys would argue that he is still entitled to half of the equity. Hope this helps.


#2

ncleg.net/EnactedLegislation … 50-20.html


#3

Even though he has deeded the property to you, he has not waived his marital interest in the property. You do still have marital property to divide.

Helena M. Nevicosi
Attorney with Rosen Law Firm

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#4

I am at the end of the divorce process all but the property real and personal are settled. My husband signed a quitclaim for our property. I have begun the loan process with anticipation of a settlement. There is not a loan on the propety currently. We had a verbal agreement for the amount he would get but have hit a road block with alimony so he refuses to honor the verbal we had and now wants to proceed with the mediation process which is required. My question is do we have real property to settle? He has signed over the property to me. Do not know if this plays into the question but according to my attorney, the money used to pay our mortgage was an inheritance he received from the death of his parents, she told me that could gain sympathy with the court. Again do we have any real property to split.