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    Default quit claim deed



    I am in the beginning stages of filing for divorce...been married 22 years...he has left two months ago to live with sister after an affair here and much drama... he signed a quit clain deed...said he is mentally ill needs disability from VA for PTSD and quit his job of 21 years ..taking half his 401 K with him leaving me the other half...I want all the furniture...most of it isnt maritall property because I received these things as gifts throught the marriage for birthdays , mothers day, christmas etc... he received vacations..he bought a car and left state...leaving debt in his anme our name and I have some in my name.i saw this coming and began paying off what was in my name only...
    questions are 1. can he clain he didnt knowe what he was doing when he signed the deed? can I get any of disability if he receives it... can i be made to opay any debt in his name only? can anything he does come back ont hehouse if its in my name?

  2. #2
    Join Date
    Mar 2005
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    Michigan
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    Default Re: quit claim deed

    Quote Quoting christmashouse
    1. can he clain he didnt knowe what he was doing when he signed the deed?
    He can claim anything he likes. He would, though, probably have to convince a court that he was legally incompetent at the time he executed the quitclaim deed.

    Quote Quoting christmashouse
    can I get any of disability if he receives it...
    After you are divorced? Probably not.

    Quote Quoting christmashouse
    can i be made to opay any debt in his name only?
    Generally not. There may be exceptions, such as debt incurred to pay for required medical care, or debt incurred to pay household expenses, depending upon state law.

    Quote Quoting christmashouse
    ccan anything he does come back ont hehouse if its in my name?[/b]
    The quitclaim would not affect the validity of any liens, mortgages, or other encumbrances on the house which predate the quitclaim deed. Depending upon state law, if the quitclaim deed has not been recorded, a lien, mortgage or encumbrance which is filed before the quitclaim deed is recorded could take priority, meaning that it would be valid against the house despite the existence of the unrecorded quitclaim deed.

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