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  1. #1
    Join Date
    Oct 2006
    Posts
    2

    Default Quitclaim Deed After Divorce

    Three years ago my ex-wife and I were divorced after 21 years of marriage. In the divorce decree, I was awarded possesion of the residence and had ten years to sell it. Yes, that was not a typo, 10 years. Anyway, several months after the divorce was final, she wanted me to take the equity out of the house and split it with her.
    At the advise of a friend of mine, was told that she should sign a quitclaim deed before she received any cash. At first she refused to sign, but I later found out why she eventually did.
    The house was refinanced in my name only, her name no longer on the deed or mortgage.
    Long story short here, I sold the house a year ago and made a good profit. She seems to think that she is entitled to some of it since I got more than she thought I would.
    She has retained an attorney and is petitioning the court to see things her way.
    Is there a chance that a notarized quitclaim that was executed well after the final divorce decree can not be viewed as a modification to the final decree? I am far from being a "Perry Mason" here, but if any of you have had a quitclaim challenged or thrown out in court, I would love to hear about how and why. Any advice, any comments... all are welcome. My court date is the first week in Nov. 2006.
    It just seems to me that since she has been paid for her interest in the house.. signed for and received cash for said interest, how is it that an attorney can see more money in it for her???

    Stumpped in Tennessee...

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Quitclaim Deed After Divorce

    Your rights dpeend upon the laws of your state and the terms of the judgment. I think you would have a good defense to any additional claim in most (perhaps all) state; but particularly given that your wife has involved a lawyer, it makes sense for you to consult a lawyer of your own.

  3. #3
    Join Date
    Oct 2006
    Posts
    2

    Default Re: Quitclaim Deed After Divorce

    Thank you for the reply Aaron, and I have consulted with an attorney. This is where the problem is.. I live in southeast Tennessee, and it appears that the courts here are operated on the "good old boy" system. Worse yet is the fact that this petition will be heard in chancery court with a female chancellor.
    The attorney I have consulted with says it is a roll of the dice.. might win, might lose, he cant say for sure, and this gives me a real uneasy feeling in my gut. I am considering seeking the advice of another attorney, but as stated before, they are all buddies, I dont have a clue who to trust here.
    I am guessing that since she lives in the county where the petition was filed, the case will have to be heard there or is there a way I can somehow have the case heard elsewhere?
    Again, thanks for your replies.

  4. #4

    Default Re: Quitclaim Deed After Divorce

    I would think venue would have to be in the same county as the residence. If that is not the case, file to have it dismissed for lack of juridisdiction. This needs to be done before you file an answer or appear in court.

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Quitclaim Deed After Divorce

    If this is being brought as an ancillary proceeding to enforce the divorce judgment, it would normally be brought in the court which issued that judgment.

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