The specifics are that my wife and I were seperated (not legally) six years ago.While we were apart, I began looking for a house to purchase. The mortgage co. had my wife sign a quit claim deed because the future of our marriage was unclear. She later moved in for approximately five years. Now she has moved out and we are possibly facing divorce. As far as I know, the quit-claim deed is still in force. Can she legally get around this deed and if so, how?
2006-08-10 03:13:19 · 3 answers · asked by Phil W 2 in Family & Relationships ➔ Marriage & Divorce
Complex question, but the answer is likely, "No." Usually a quit claim, in the scenario you are describing, would be so that she "Quit" her claim to having an ownership interest in the home. So that would be to your advantage.
But if AZ is Comm. Property, she may have a claim or a proportional claim relative to number of years marriage to your marital residence in particular.
You'd need to talk to a family law attorney for more specific AZ details.
2006-08-12 08:12:51 · answer #1 · answered by onemorealternative 5 · 0⤊ 0⤋
If the deed was recorded and she quit claim on the title then she can't get back on unless you draw up a new deed. That's the way it is in Maine.
2006-08-10 10:21:00 · answer #2 · answered by Andy S 3 · 0⤊ 0⤋
No she can't. Once it's signed and recorded in the books...it's a done deal. The only way she would have ANY legal recourse is if you had papers drawn up stating you were giving her 1/2 the house again. If you didn't, then no worries.
2006-08-10 10:34:06 · answer #3 · answered by carolscreation 4 · 0⤊ 0⤋