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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 35309
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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My husbands divorce decree from his previous marriage states

Customer Question

My husbands divorce decree from his previous marriage states that if the property that him and his ex-wife had is sold while either one is living, the equity will be split equally. He also signed a quitclaim deed on his interest of this property. Does this supersede the divorce decree or is it still valid?
Submitted: 5 years ago.
Category: Family Law
Expert:  LawTalk replied 5 years ago.
Good afternoon,

I'm sorry to hear of your dilemma.

Why, in the world, would your husband have signed a quit claim deed to the property over to his ex? When did he do this?

Doug
Customer: replied 5 years ago.
He did this in 2008, she told him that it was required. He didn't ask questions.
Expert:  LawTalk replied 5 years ago.
Good afternoon,

He may have to file suit against her for fraud in order to have the opportunity to undo this mess. The quit claim deed---presuming that it was given after the divorce, will be argued by his ex as constituting a gift, for which took precedence over the divorce decree.

This is possible to reverse but your husband is going to need the help of a seasoned family law attorney to get it done and I suggest that he have a consultation in the immediate future. The longer he waits, the less likely he will be able to prove fraud.

I wish you the best in 2011.

Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely appreciate your abiding by the honor system as regards Accepting answers. I wish you and your family the best in your respective futures.


Would you be so kind as to Accept my Answer so that I may be compensated for assisting you? Bonuses for greatly informative and helpful answers are very much appreciated. Thanks Again,

Doug

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