Thursday, August 2, 2012

Q&A: Will the quit claim stand during divorce?

Question by : Will the quit claim stand during divorce? My brother and his wife life in NC. They are currently legally separated and he's getting ready to file for divorce. She signed a quit claim deed to the residence they shared at the same time that she signed the separation papers. Both documents were signed by both him and her at the same time and notarized in his attorneys office. He has since filed the quit claim with the Register of Deeds and has had the residence refinanced in his name. She is no longer on the deed nor the mortgage. Now she is saying that shes going to take half of everything in the divorce including the house. She says that she's talked to a lawyer who can tell the judge that she signed the separation and quit claim under duress so that they are not valid. Can she do this?? Best answer:

Answer by sheloves_dablues
She can do anything she wants. Whether or not it will hold up in front of the judge is a different story. Considering she signed the quit claim at HIS lawyer's office, it's unlikely she'll be awarded anything. She would have arrived at the lawyer of her own volition.

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