Does a divorce decree trump a quitclaim deed if the decree states that within 60 months the ex-husband is to refinance the home and remove his ex-wife?

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Does a divorce decree trump a quitclaim deed if the decree states that within 60 months the ex-husband is to refinance the home and remove his ex-wife?

The divorce decree awarded the house to the husband. After the fact the husband decided to sign a quitclaim deed leaving the house to the wife. The divorce decree was not updated.

Asked on May 14, 2012 under Real Estate Law, Washington

Answers:

Kenneth Berger / Kenneth A. Berger, Attorney at Law

Answered 9 years ago | Contributor

The quitclaim deed would likely trump the decree as you describe it, but I agree that you should run a motion in family court to amend the decree and delete the property transfer and refi requirement.  If you (the wife presumably) went to sell, the title company could hold up the sale until this issue was clarified.  Very inconvenient.

As always, my comments are only applicable to Washington State and are not a substitute for getting competent, local, and more comprehensive, legal help.

 

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If I were the wife I would have the decree and agreement modified to reflect the new situation just to be sure.  The basis for your asking the question makes me wonder if there is an issue with the execution and if some party is going to try and have it set aside.  Get help. Good luck.


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