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  1. #1
    Join Date
    Jan 2008
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    2

    Default Final Divorce Decree And Quit Claim

    My ex-husband and I owned a home together. He agreed in our final divorce settlement to a buy out of $40,000 payable over three years. The first year (2007) $15,000, second year (2008) $15,000 last year (2009)$10,000. I refinanced the home into my name and he signed a QuitClaim Deed. Our final divorce papers were signed on November 30, 2006. He signed the Quit Claim Deed February 2007. My question:

    The QuitClaim Deed states that "in consideration of the sum of $15,000 in hand paid by grantee, the receipt whereof is hereby acknowledged, do hereby remise, release and quitclaim unto the said grantee forever, all the right, title, interest, claim and demand..." Since he signed this quit claim deed after the final divorce, I am I still obligated to pay him the remaining $25,000. He was paid the first $15,000 when he signed the quitclaim.

    I don't think he realized what he was signing, because at the time all he cared about was receiving his first $15,000. Considering what the quitclaim deed states, I do not believe that I am legally obligated to pay him the rest of the money due to the fact he signed away his rights.

    Can you please advise??? I live in NJ.

  2. #2
    Join Date
    Jan 2006
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    38,867

    Default Re: Final Divorce Decree And Quit Claim

    the court order you have (the divorce decree) states you will pay him the entire amount of $40k.

    I would have to laugh if the $40k is not directly related to the qc deed in the divorce because if it isn;t he might be able to make a claim for the entire $40k in the decree with the $15k as a seperate independant contract. (just like you are trying to do)

    The money you owe him in is not a matter of him releasing title to the property, it is a matter of a judges order for you to pay him $40k.

    Nice weaseling though.

  3. #3
    Join Date
    Jan 2008
    Posts
    2

    Default Re: Final Divorce Decree And Quit Claim

    You can laugh, because the quit claim deed only states that the consideration is $15,000. There is absolutely no mention of the additional two payments. Therefore, I am concerned as to why the paper I have stating that he is not entitled to any further claims against the house is not valid. It was signed after the final divorcee decree.

    As I just received the Quit Claim deed in the mail yesterday, I am going to contact my real estate attorney on Monday for verification.

    Thanks for your advice.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Final Divorce Decree And Quit Claim

    did you miss the part about the COURT ORDER that requires you to pay the $40k?

    Apparently so.

    with the quitclaim, he released rights to the property. He did not release the requirement of the court order to pay the total $40k.

    He needs to make no further claims against the property, all he needs to deal with is your failure to act as the court order requires you to.

    Of course, since this answer is not what you wanted to hear, it falls on deaf ears and you will probably either not come back at all or come back and swear your RE attorney says the ex has no further claims to the property, which of course is correct (I stated so myself even), so best of luck to you and when the ex drags you back into court for the rest of his money, don;t be surprised.

  5. #5
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: Final Divorce Decree And Quit Claim

    Logansanta I think you are confusing the two. The court order has nothing to do with the quick claim deed. The only thing that the quick claim has protected you from is his ability to go after the equity in the property. This is why you were able to refinance the house. It has nothing to do with the court order for you to pay the buy out and conditions of the divorce. You are obligated to pay the $25,000 regardless of what was written on the quick claim.

    I foresee this back firing you in a very unfairably way and you don't seem to get that. You have connected the first payment with the date and signing of the quick claim deed and the amount of purchase on the deed. They are NOT connected. Let me put it to you this way...what is stopping him from saying, "the first 15,000 that she gave me was for the claim to the rights of the house, it has nothing to do with the 40,000 she owes me, I did this so she could refinance the house"

    Secondly, and I am assuming this, but correct me if I'm wrong, who had the QCD drawn up? Your attorney? You could be making the entire transfer fraudulant if it gets ugly as you were aware of the PRIOR court order to settle the claim. If you claim that it was not fraudulant, then you may end up giving him an extra 15,000.

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