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  1. #10
    Join Date
    Nov 2013
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    Default Re: Rights to a Separately Owned Marital Home After a Long-Term Marriage

    Quote Quoting simplycleanvk
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    I am hoping that since the Quit Claim Deed with a Retained Life Estate was only completed 3 years ago and she has been planning to leave my dad for a while that this will be to our advantage.
    It may well work to your father's advantage if there was a quid pro quo. You say that the wife has been planning a divorce for a while. Why did your father decide to execute the quit claim deed when he did? Could it have be an inducement for the wife to stay in the marriage?

    Quote Quoting jk
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    It’s not to your father’s advantage. A deed is forever. A grantor does not have the option of rescinding a deed.
    But a court can invalidate the deed if there was an inducement, or a fraud. There must be donative intent.

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