if my ex-wife quitclaimed her interest our house to me, is she still entitled to any of the proceeds when I sell it?

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if my ex-wife quitclaimed her interest our house to me, is she still entitled to any of the proceeds when I sell it?

As part of the divorce, I filed a quit claim deed to put the house in my wife’s name. Then, 3 years later, she phoned me and asked if I wanted the house back as she could not keep up with the maintenance or payment. I took over the house at that time 3 years ago and we filed another quit claim deed to take her off and put me on the deed but she is still on the mortgage. Now I want to sell the house and my ex-wife is telling me that she can prevent me from selling and that she is entitled to half the equity in the house. If we filed a quit claim deed to put it in my name, can she stop me from selling? Is she legally entitled to half the equity if sold?

Asked on April 22, 2019 under Real Estate Law, Minnesota

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Siging over your interest in a property via a quitclaim deed, means that you no longer have any rights in or to the property. Accordingly, your ex-wife has no claim to any of ht epreceeds upon sale.

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The quitclaim deed released your ex-wife's entire right, title, and interest in the property to you. She can't prevent you from selling the house and she has no claim to the equity because she signed the quitclaim deed releasing her right   title and interest in the property.


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