Monday, June 4, 2012

Will the quit claim stand during divorce?

Question by : Will the quit claim stand during divorce? Thought I would ask this in another section and see if someone else could help. My brother and his wife live in NC. They are currently legally separated and he is getting ready to file for divorce. A year ago, when they signed the separation papers, she also signed a quit claim to the residence they shared. Both the separation and quit claim were signed in his attorneys office with both of them present in front of a notary. He has since filed everything with the Register of Deeds and had the house refinanced in his name only. She is no longer on the deed nor the mortgage. Now that divorce time is getting closer, she's saying that she's going to take half of everything including the house. She says that she's talked to an attorney that says he can tell the judge that she signed the quit claim and separation under duress and that neither of them are valid. Can she do this? Best answer:

Answer by CW
She can claim that and the judge will decide. Did she get anything for it? The judge will consider that too.

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