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Husband's Ex-Wife Filed Quit Claim on Our House

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  • 07-09-2008, 03:22 PM
    perfect
    Husband's Ex-Wife Filed Quit Claim on Our House
    My question involves real estate located in the State of: California

    Husband and his ex divorced in 2003 - she was unfaithful to him. We married in late 2004.

    She had agreed that in exchange for a lump sum of money she would execute a quit claim deed and remove herself from the title of our home. We refinanced the house after we married in 2004, gave her the lump sum and she executed the deed. I also executed one so that I was added to the title of the house, such that it was then just me and my husband on the deed.

    I was shocked two years later in 2006 when we received a copy of a newly executed quit claim deed from his ex stating that she is back on the title and has a 50% ownership of our home and that me and my husband have 25% each.

    How can she do this without us consulting us about it first?
    Can anyone execute and file a quit claim deed - even if there is nothing to substantiate its truthfulness?
    What can we do to get her off the deed - we already fulfilled our end of the agreement?

    I'm worried that if anything happens to my husband I could lose our home to her. I really want nothing to do with her and this has been preying on my mind for some time. I have no idea where she is either...

    Any suggestions?
  • 07-09-2008, 03:26 PM
    cyjeff
    Re: Husband's Ex-Wife Filed Quit Claim on Our House
    Get a real estate attorney NOW.

    Did up the proof when she filed the original quit claiim and your restate.

    Somebody didn't file something and she is taking advantage of it.... however, it should be easy to prove that she agreed to turn it over and she was paid the sum to transfer ownership.
  • 07-09-2008, 03:27 PM
    cyjeff
    Re: Husband's Ex-Wife Filed Quit Claim on Our House
    Wait a minute....

    You sat on this FOR TWO YEARS!!!

    What are you thinking?
  • 07-09-2008, 03:36 PM
    perfect
    Re: Husband's Ex-Wife Filed Quit Claim on Our House
    My husband kept telling me it wasn't that big of a deal. However a few things have come up and a friend who is older and wiser than me said it IS a big deal and I should be doing something to fix it. I know I can't fix it alone but am not really sure of the steps I can take to rectify it. Can I go to the recorder's office and start there with who filed what and when?

    I have a copy of the check we gave her and everything so if I put that together with the original quit claim she did to remove herself from the titel - it should be easy to get it corrected, right?
  • 07-09-2008, 09:58 PM
    lwpat
    Re: Husband's Ex-Wife Filed Quit Claim on Our House
    No way to know until you go and find out exactly what has happened. It depends on who recorded what when.
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