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RealEstateAnswer
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 23920
Experience:  9+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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My divorce stipulates that the house warranty deed must be

Customer Question

Hi my divorce stipulates that the house warranty deed must be converted to a quitclaim deed upon request. My is demanding I sign a quitclaim deed that waives my right to homestead. And since I would not he has filed a contempt motion. First his deed did not contain correct margins for submitting to the deed office. And my realestate artorney communicated that yo hom and asked hom to sign a deedbthat did not waive my homestead. He replied by correcting his deed and saying it was better to leep things per the status wuo ny waiving his rights ( he moved out) and my rights. Why is he being so dufficult if he just wants to change the deed? My attorney said waiving my rights is not necessary, but then she told him about needing to correct the margins, so I can or can not file a motion to dismiss on that basis? How would you have handled this?
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 8 months ago.

Good morning. If he wants you to sign something that does not meet certain requirements or will not be accepted by the deed office, when it should not be submitted or signed. If it will only be returned for non-compliance, it does not make any sense to try and present it, only for it to be returned and the process to be delayed. As such, there is a goo faith argument to make, for not signing it, until the issue with the margins is corrected and that can be explain to the Judge. Now, the real issue for the Judge to decide is that of waiving your homestead and the Judge needing to address and clarify that, since the decree only stated it needed to be quit claimed. If something is to be done outside of that, which was not mentioned, it will be up to the Judge to decide, depending on what the end goal was, when the home was awarded.

Expert:  RealEstateAnswer replied 8 months ago.

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