Can a person who signed a quit deed in a divorce get the property back in their name?
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Can a person who signed a quit deed in a divorce get the property back in their name?
My husband’s ex-wife is behind on payments on the farm he signed a Q.D. for and her name isn’t on the mortgage. She was supposed to get it re-financed but hasn’t in 17 years. Can the mortg. co. only reposses that farm, or can they come after other assets?
Asked on July 20, 2019 under Real Estate Law, Kansas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
1) No, once you quitclaim a property to another person, you can't take it back. It's like giving someone a gift: once something is given to another, it is theirs, and the giver has no rights to it.
2) Yes, the lender can do more than repossess: your husband, as the mortgagor, is responsible for the entire remaining balance due. The lender can sue him for the money instead of repossessing, if they deem the property of little or no value. Or they can repossess, have it sold at a foreclosure sale or auction, then, if the sale doesn't bring in enough to pay off the entire remaining loan, sue your husband for the balance.
3) If there was a divorce settlement or decree requiring the ex to refinance in her name only and she has not, your husband may be able to sue her for eithe rmonetary compensation and/or to get the court to force her to go through with her obligations. Settlements and decrees are both enforceable. But 17 years is a long time--but waiting this long, it may be too late to take legal action (i.e. the "statute of limitations") may have expired. Your husband is strongly advised to consult with a famly law attorney to see what his options are to enforce his ex's obligations.
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