I need help in reversing a quit claim in Arizona....

cleandeeds · Joined: 14 Apr 2008 Posts: 1 1.45 Dollars($)

This is kinda complocated but I can explain as much as I know at this point. To see if someone can help me proceed, I dont have much money but would do anything to save my house for my childrens sake.
Apparently I was informed that I had sighned a qiut claim, however during the time of my divorce which I didn not want to do but was pressured into it...I gave him the right to the house and signed a quit claim however during that time I was under alot of perscription and phyciatric drugs and was not aware of this until over a year later when I found out that he is now refinanceng our home in his name only. I dont want to let this happen since I have custody of my 5 children and another on the way and I am currently living in the home. Please advise on the next step the mortgage company is asking for the paper work by the 25th of this month and I don't know where to begin.
Someone please help a desperate mother!!!
Thanks in advance.

adonis · Posted: Mon Apr 14, 2008 9:32 pm Post subject:

Welcome cleandeeds,

I can feel what you're going through. But tell me something...when you signed the quitclaim deed, did you hand over the entire rights of ownership to your spouse or was it just intended to add him to the title?

At this point of time, i suggest if you can take some legal advice gfrom a lawyer as to how to prove hat you were pressurised to sign on the divorce and quitclaim, then that's the only thing that may help you occupy the property.

Niicss · Joined: 03 Oct 2005 Posts: 807 118.37 Dollars($)

Welcome cleandeeds,

Adonis has raised a very good point. If you have only added him on the deed then you are still an owner of the property with your ex.

But if you have quitclaimed the property then you will have to prove the deed is not valid and you have signed the quitclaim deed under extreme pressure. For that you can take can take help from an attorney.

Let me know if you have any further qurries.

jheard · Posted: Tue Apr 15, 2008 7:55 am Post subject:

If he has the right to the house under the divorce judgment, you can do nothing. You have signed over title to him, so he can have possession, too, absent some other provision.

A deed signed under duress may be invalidated. You will have to file a lawsuit against your ex-husband to invalidate the deed. Consult with a local real estate attorney.

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