If I signed a quit claim deed and then found out my ex husband was behind on his mortage payments, can I sue him to get him to sign the deed back to me?

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If I signed a quit claim deed and then found out my ex husband was behind on his mortage payments, can I sue him to get him to sign the deed back to me?

If so, do I talk to a real estate attorney or divorce attorney? I have heard there’s nothing you can do after you sign a quit claim deed, but there has to be something I can do. My credit is getting ruined. I just want my house back since I can make the payments.

Asked on July 25, 2012 under Real Estate Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

In order to advise you on your question, I would have to know why you signed a quit claim deed to your former husband releasing all interests that you had in the home that you are still on the loan for. If there was some agreement that in exchange for the quit claim your "ex" would keep the monthly mortgage payments current and he has not, then you seemingly would have a basis for bringing a legal action against him to sign back your interests in the property if he will not do so voluntarily.

I suggest that you consult with a real estate attorney about your matter. Bring to him or her a copy of the final dissolution agreement and judgment for review.


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