How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 101755
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Family Law Question Here...
Ely is online now
A new question is answered every 9 seconds

I am in the middle of a divorce after 16 years of marriage.

Customer Question

I am in the middle of a divorce after 16 years of marriage. She is accusing me of forging her name on a quit claim done in 2009. The document is notarized and was recorded. What is the statue of limitations on this transaction.
Submitted: 7 months ago.
Category: Family Law
Expert:  Ely replied 7 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Please tell me:

1) What state are you in?

2) When you say what is the statute of limitations, are you asking about (a) civil action by her against you, or, (b) criminal prosecution?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 7 months ago.
ArizonaMy wife and I quit claimed a cabin in Northern Arizona to my Mother in 2009. The Disclaimer deed (sorry) was notarized at the time she signed it in 2009. Now that this divorce is taking place filed in June of 2015 she has made the accusation that I had her named forged and notarized which is false, but if the time or 6 years for her to have in challenging this is expired or is there not a limitation on time. She has filed a complaint with the Attorney General and is doing everything to try and make this look like she new nothing about it. My Mother has paid all the Insurance, taxes, utilities and ect sine the transfer.
Expert:  Ely replied 7 months ago.

Thank you. I appreciate your reply, but that does not quite answer my question. When you say what is the statute of limitations, are you asking about (a) civil action by her against you, or, (b) criminal prosecution? Or, something else?

Customer: replied 7 months ago.
I am not really sure? I have not been convicted of anything just accused by her to try and make the transfer look like fraud. The civil side of the divorce is to make it look to the judge like this was something that happened that she had no knoweledge about so as to try and claim 1/2 of the property.First the notary would have to be challenged and someone would have to prove I signed that document and this notary stamped and signed that I was my wife? that would be criminal. Is there a time allowed to challenge a document if someone claims that it was forged? As it stands the property ownership was transfered but she is trying to unwind this event that happened 6 years ago.
Expert:  Ely replied 7 months ago.

Thank you. There is no statute of limitation to challenge ownership of a deed. So if this is what she is alleging (i.e. that she never signed this deed), she can bring a civil action at any time. See HERE.

Criminally, if she were to file a complaint with the police, there is a 7 year statute of limitations (if they decide to prosecute) that begins running at the time of the action, and not the complaint. That is, if they even choose to pursue this. They may not.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Customer: replied 7 months ago.
Is there any response for my question?
Expert:  Ely replied 7 months ago.

Hello,

I replied back at 11:38. I am not sure why, but perhaps you did not see the reply? Regardless, here is it is again:

Thank you. There is no statute of limitation to challenge ownership of a deed. So if this is what she is alleging (i.e. that she never signed this deed), she can bring a civil action at any time. See HERE.

Criminally, if she were to file a complaint with the police, there is a 7 year statute of limitations (if they decide to prosecute) that begins running at the time of the action, and not the complaint. That is, if they even choose to pursue this. They may not.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 7 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

Related Family Law Questions