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Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 29012
Experience:  30 years of real estate practice experience.
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If I signed a quick claim deed to a house I shared with my

Customer Question

If I signed a quick claim deed to a house I shared with my sister she didn't file it yet and it happened back in 1989 I was going through a bad divorce and my sister kept on bugging me to sign it so my husband wouldn't get it in the divorce. She said she would keep it and if I need to ever stay in the house I can and she said she would give the quick claim deed back after but now she's going to sign it to someone else can I do anything
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Loren replied 5 months ago.

Good day. I am Loren, a licensed attorney, and I look forward to assisting you.

You may be able to make a claim of constructive trust to justify injunctive relief to stop your sister from doing anything with the deed other than signing it back to you.

You would need to prove the intent of the transfer was to provide protection of the property and that your sister agreed to return the property to you. In other words, she was acting as a trustee, not an owner.

Equitable remedies involve complex litigation and are beyond the abilities of most laypersons proceeding pro se.

If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys) . Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:

http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx

It is a huge worldwide database searchable by location and specialty. The attorneys are all peer rated. So, they represent the top of the profession.

Expert:  Loren replied 5 months ago.

Did you have further questions? Have i answered your question?