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5-19-18 Joe’s problem/story After about 1 year of marriage,

5-19-18 Joe’s problem/story After about...

5-19-18 Joe’s problem/story
After about 1 year of marriage, Dee started cheating on Joe and became emotionally and mentally abusive to Joe. After about 5 years of this treatment by Dee and finally finding out at last that she had been cheating on Joe all a*****, ***** was beaten down by Dee's abuse mentally and emotionally.
As stated above, Joe had a residence in Denver CO in his name only that he bought for himself and his sons about 5-6 years BEFORE he met Dee. He was stable, of sound mind and a good single father when Joe purchased the Denver house when he was "single", paid the down payment and made all the mortgage etc. payments on this/his house for at least 7 years. About 1- 2 years after Dee married Joe, Joe and Dee bought a house together in Bailey CO. About 3 years after that, which would be about the 5th or 6th year of their marriage and Dee’s emotional and mental abuse, Joe was a broken man; he found out that Dee had been cheating and deceiving him all along since about the first year of their marriage.
Joe couldn't take any more of Dee's cheating and mean, verbally and emotionally abusive behavior. He really was NOT mentally nor emotionally "sound" and under great duress because of 5 years or so of Dee's abuse, all he knew was that he had to get away from DEE--they were separating and he thought they were going to/supposed to divorce. Joe was in a state of severe depression—he did not know/realize that the home he purchased before he married Dee would likely not be considered marital property and Dee should only have rights to the home in Bailey that Dee and Joe Purchased together during their marriage, and because Joe was not in his right mind at the time, Joe signed a Quit Claim Deed to HIs home in Denver to Dee, aprox. Jan 2004 or 2006. It turns out that Joe and Dee separated, but actually did not get a legal divorce until about 2015 or 2016, when Dee called Joe and asked Joe to sign some sort of paper so they would be legally divorced. He did not know why she all of a sudden wanted a legally binding divorce document.
As I said, Joe was not mentally nor emotionally sound, and severely depressed after 5-6 years of Dee’s abuse. After he and Dee separated, he could not function properly for some time, and so he lost the house in Bailey, and ended up homeless, living in his car, within a couple years. Apparently, Dee went on her merry way, living in the house that Joe had bought before they married.
Just recently , about May 14, 2018, Dee called Joe and asked him to “re-do the quit claim deed to the Denver home”. The title of the home in Denver is currently in both Joe’s and Dee’s name, and has been in both their names since Joe signed the Quit Claim Deed with Dee when Joe was under duress and not in his right mind in approx. 2004 or 2006. Apparently the legal description was left out of the quit claim deed Joe signed when he was not in his right mind[ aprox Jan 2004 or 200]. Apparently Dee has a buyer for the Denver home now and wants Joe’s name off the title, so she can sell this home by the end of May 2018, {and keep all the money to herself}. Joe is now a 62 year old senior, and has regained his mental and emotional soundness—so he realizes that Dee is dishonest, manipulative and an abuser and took advantage of him when he was not mentally or emotionally sound to get a signed Quit claim deed from Joe in about 2004 for Joe’s premarital property, so he refuses to sign a new “Quit Claim Deed” for his home in Denver CO to Dee. Dee is now trying to perpetuate this fraud on a senior citizen.
What can Joe do to stop this injustice/rectify this Fraud?? by Dee and stop Dee at this point once and for all and/or maybe regain his Denver home or at least half of the money Dee is trying to sell the Denver home for??Approximately 2001, I believe my friend Joe married a con-artist/ emotionally and mentally abusive woman, who like most abusers, can be very ch

Lawyer's Assistant: What steps have been taken? Have any papers been filed in CO family court?

Joe has not filed any papers but he has thought he should go to the Denver Assesser's / City Clerk and Recorder and file some kind of lien on the house. Dee did not divorce Joe until about 2 years ago, but they separated in about 2004 or 2006 . The Docs arere in the public records I believe

Lawyer's Assistant: Have they talked to a lawyer about this yet?

We are trying to get some Pro Bono leag

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have tried to be concise--

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Answered in 7 minutes by:
5/19/2018
legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 13,947
Experience: Just Answer consultant at Self employed
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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I am sorry to hear this; can you tell me if the divorce decree awarded this property in the divorce decree?

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Customer reply replied 2 months ago
I don't know. I beleive Joe or anyone can get a copy from the Denver Clerk and Recorder?? Joe does not understand underhanded things very well.. Dee may have not put that in the Divorce Decree or whatever she had Joe Signn. Can we assume ofr now what to do in either case?
Customer reply replied 2 months ago
I pre fer to type due to need to keep costs down.
Customer reply replied 2 months ago
Are you still there?
Customer reply replied 2 months ago
As I said in my original statements, we at least know that Joe's name is ***** ***** the title along with his now ex-wife Diane

Yes, I believe you are referencing the auto generated phone call request that the site sends out. Please ignore any future ones as I don't participate in that.

Yes, anyone can get a copy from the court clerk and it should state.

The reason I am asking is because when parties divorce, only the court has jurisdiction over the ownership of the property; what this means is that if the property was not addressed in the divorce decree, then either party can petition the court to reopen the divorce to determine who is the rightful owner of the property.
Normally in order for a contract to be binding there must be an offer, and an acceptance (a meeting of the mind) as well as consideration.
If the person is mentally incapacitated, or even under duress or unduly influenced (undue influence i.e. manipulated) by the other party then the court may void that transfer.

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Customer reply replied 2 months ago
the ex-wife apparenty has a buyer for the property now that supposedly she has to

The ex can petition the court to reopen the divorce so the divorce court may make a determination as to proper ownership;

or the other party may petition the court to determine who the proper owner is and to void the other party's interest if any of the above applies.

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Customer reply replied 2 months ago
have Joe sign a "new" Quit Claim Deed to her before end of this month. DOes it make sense that Joe should file a lien on the property immediate to halt this sale? lWhat court does Joe need to file in ?? ThiThis property is supposedly worth at least$ 295,000 or more// He has to go ProSe unless legal aid decides to help him....

A person cannot file a lien without a judgment;

when ownership/title is in dispute the proper course is to get a court order from the civil court where the property is located.

If he can't get free legal assistance an attorney may be willing to assist if they sign a promissory note for legal fees with the property as security.

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Customer reply replied 2 months ago
What court does joe have to file a complaint in?? Is there any law that states This quit claim deed from 2004 or 06 is invalid because the legal description of the home was omitted? Is there a satute of limitations or a way of getting this Quit claim nullified/recinded---remember he signed when she caused him to be severely depressed and under extreme duress in 2004 or 06?f
Customer reply replied 2 months ago
Does Joe have to file in Denver Civil District Court or Federal District court due to the value of the home being $295000 or does he file in some kind of Denver Divorce Court ?
Customer reply replied 2 months ago
6:14 pm Are you still there?

The civil court where the property is located would be the proper court.

Yes, the quit claim deed is not valid if there is no description but regardless any deed can be invalid based on undue influence.

Also if the quit claim had an item omitted on mistake (ie legal description) the court can determine it still constituted a contract if there was an intent to transfer so the court may compel the person to execute a new quit claim in that case.

Normally the petition would be filed in the divorce case since the divorce court has jurisdiction over property that involved both spouses- I believe that was addressed above.

Please let me know if you have any follow up questions; for some reason I did not get an email of your response and I am almost off duty.

If you have no further questions a positive rating would be appreciated so the site credits me for my time. Thank you.

legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 13,947
Experience: Just Answer consultant at Self employed
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legalgems and 87 other Real Estate Law Specialists are ready to help you
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Customer reply replied 2 months ago
jThank you very much
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