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  1. #1
    Join Date
    Apr 2010
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    2

    Question How Valid is a Quit Claim Deed

    My question involves real estate located in the State of: Oklahoma

    Okay, this is a little complicated involving my husbands ex wife. They had 160 acres of land and 40 acres of mineral rights. They got divorced 6 years ago. 6 days after the divorce was final, she signed a quit claim deed giving the land/mineral rights to my husband. However, one year after the divorce was final, she went back to court and had the retirement part of the divorce vacated and was awarded five years later a ridiculous sum of money...which is neither here nor there....my question is about the mineral rights. In the divorce, he was granted the land, she was granted 20 acres of mineral rights which she quit claimed to him...where does she stand legally...if anywhere...in screaming fraud and taking him to court to get those 20 acres back? Is a quit claim worth the paper is is written on?
    Thanks for any help you may have to offer.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: How Valid is a Quit Claim Deed

    if she is claiming there was some sort of fraud involved, how dependable the QC deed is would depend on the validity of the fraud claim. If a court rules there is adequate support that the QC was delivered due to some fraud, they do have the power to rescind the deed.

    only the courts can give you the answer.

  3. #3
    Join Date
    Apr 2010
    Posts
    2

    Default Re: How Valid is a Quit Claim Deed

    Oh she is always claiming fraud about everything. They had a verbal agreement regarding retirement, when they got divorced, but her game didn't play out and when she didn't get her way, she screamed fraud and got his retirement. And now that seems to be her complaint on everything in life...she's been defrauded. Once that label has been pinned to your tail, everyone (lawyers, judges, etc) have a tainted view of you. There was no fraud, just a scorned woman who enjoys being the victim. She drug him through court for 5 years at her whim and then we got to pay for her lawyer too. I believe in people getting what is rightfully theirs, legally. She was awarded the a share of the minerals, but she quit claimed it over to him days after the divorce was final....how can she scream fraud? The retirement part wasn't mentioned in the divorce, because they had an "agreement" - my husband is so naive....he actually trusted her word....but anyway.... I am hoping that because the mineral rights were mentioned in the settlement, and she qc'd them to him after the divorce was final, that it's all said and done. I mean surely he has some rights in all of this.

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

    Default Re: How Valid is a Quit Claim Deed

    .how can she scream fraud?
    I would have no way to make such a determination. I guess you and the husband will simply have to wait and see what she claims if and when she files suit.

    I am hoping that because the mineral rights were mentioned in the settlement, and she qc'd them to him after the divorce was final, that it's all said and done.
    Well, obviously this isn't the case. She has a right to make a claim and file suit. She then has the requirement of supporting her claim. That is not a simple: she signed the QC deed so she has no claim. She is apparently claiming that the reason she signed the WC deed was due to some fraud perpetrated by your husband.

    so, all you can do is wait to see if she files suit and defend is if she does.

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