sign quit claim or divorce

Guest 0.10 Dollars($)

Divorce is pending; however, wife was coerce to sign a quit claim to include husband's mother in property title in 1999 or ELSE husband would divorce wife. Although, wife put the down payment for property with her 'Separate Funds" acquired prior to marriage, property was purchased with Husband and husband's Father names as joint tenants. When the husband's father died, husband forced wife to sign the quit claim, claiming that the paperwork was done incorrectly. If wife did not believe husband, then husband would divorce wife.
Now husband is divorcing wife and wife wants quit claim reversed due to "pressure" husband put on wife to sign quit claim. Which law between spouses can be used to reverse such a quit claim?

larry · Joined: 27 Jun 2007 Posts: 3328 473.51 Dollars($)

Hi,

Welcome to the forum,

I am very sorry to hear your situation. Once you have signed a quitclaim deed, it becomes very difficult to reverse the quitclaim deed. If your husband quitclaims back to you then it is ok but that seems not going to happen.

Now you have to prove that the transfer of the property was invalid and for that you should consult with an attorney.

Best of luck,
Larry

blue · Posted: Thu Jan 03, 2008 4:14 pm Post subject:

Hi,

Welcome to Mortgagefit discussion board.

I agree with Larry that it is really difficult to reverse the quitclaim deed. You should consult with an attorney to know details about the laws.

Thanks
Blue

lisascherzer · Joined: 04 Jan 2008 Posts: 755 1.03 Dollars($)

She may still have rights to the property. Many states will give partial ownership rights to a spouse even if they are not on title. I would have her consult with a divorce attorney that could clarify this.

lisascherzer · Joined: 04 Jan 2008 Posts: 755 1.03 Dollars($)

Just wanted to add that it's called Dower rights. many states have this in place regarless if the spouse is on title or not.

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