Does a quick claim override a divorce decree?

UPDATED: Oct 2, 2022

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Does a quick claim override a divorce decree?

I was divorced 5 years ago and it was agreed upon in the decree I would give my ex-husband a portion of the

equity in the house. However, 2 years ago, he requested to sign a quick claim deed deeding the house to me, So do I still have to pay him equity?

Asked on October 26, 2019 under Real Estate Law, Utah


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Having to pay him a portion of the equity is not affected by whether he gave you (e.g. quitclaimed) his interest in the home to you before you pay him, as you paid him (like closing on a house--simultaneous transactions) or after you paid him. If you were ordered to pay him part of the equity, that order is still binding upon you and you have to pay. If he decides he does not want it, you and he can jointly request that the court modify or change the order by the parties' mutual consent (agreement), but until and unless you and he do that and the order is changed, you must follow it.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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