What to do if my husband signed a quit claim deed 5 month ago but we recently separated and now he is claiming that the transfer is fraudulent?

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What to do if my husband signed a quit claim deed 5 month ago but we recently separated and now he is claiming that the transfer is fraudulent?

He said he will have me prosecuted if I do not sign the house back over to him. Should I do this to make things easier since he is living there and I do not foresee us getting back together?

Asked on December 11, 2012 under Real Estate Law, Missouri

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 8 years ago | Contributor

This question cannot be answered with the information you provided.  Whether the transfer is actually fraudulent depends on why he signed the quit claim deed.  I don't know how the fact he signed a quit claim deed makes you guilty of a crime.  Prosecution is for a criminal offense.  On the other hand, making a fraudulent transaction void is a civil matter.  He could sue to make the quit claim deed void but that would not be easy and would cost him a bunch of money.

It sounds like you don't want any interest in the property anyway.  If that is correct, then you would avoid a bunch of trouble by signing the house over to him.  If you own the house, you are responsible for the upkeep, maintenance, taxes, insurance, etc.  If he is the only one living there, why let him stick you with those bills?

If you and your husband intend to separate, I suggest you consult a family lawyer, mediator, or coach to help you separate your affairs legally.


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