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Many states have laws that control the transfer of what may be considered marital property during a divorce proceeding. A court can void a deed if it determines that any property was conveyed that should be included in the marital assets and subject to division between the parties. In Massachusetts, an automatic restraining order arises when a divorce is filed, preventing either party from transferring any assets.
You need to consult with your attorney or if you don't have one an attorney who specializes in divorce law in your state who can review the situation and explain your options. You should bring with you any evidence of the transfer. The court will rule whether the transfer was effective or will be voided.
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If you paid the equity to your spouse from your divorce and obtain a quick claim deed can his name be dropped from the deed without refinancing?
It is a "quit claim deed" that you have to obtain and you have to refinance to drop the other name. It is a "quit claim deed" that you have to obtain and you have to refinance to drop the other name. It is a "quit claim deed" that you have to obtain and you have to refinance to drop the other name. It is a "quit claim deed" that you have to obtain and you have to refinance to drop the other name.
Can you claim a house as an asset in bankruptcy if it were awarded to your ex?
If the house was awarded to your ex in a divorce, but the title (deed) has not changed, you would have to list it, probably in the Statement of Financial Affairs, and explain the situation. The trustee will want to see the divorce court order.
If a husband quit claims the marital property to the wife during a divorce can he come back and want more money for that property before the divorce is over even though he was bought out?
First you shouldn't have done a quit claim deed. You would have been better off doing a standard deed and have a signed separation agreement. However, if he was paid with separate assets, then the court would most likely rule that the transaction is valid.
If you paid the equity to your spouse from your divorce how can you remove their name from the deed?
Answer: In a Massachusetts divorce where the decree provides that W pay a dollar sum to H and H conveys his interest to W, if W pays and H refuses to sign a deed then the court decree can be recorded and the recording of it will convey his interest. You should have proof in your divorce file that you paid him. The payment should have been exchanged for the deed by your attorney.
Are there costs associated with a quit claim deed divorce?
All divorces require filing fees in a court. These may include an additional fee for issuing a decree of divorce. If there are no children and no disputed assets, the parties may agree that one will file a quitclaim deed in favor of the other. There is a small fee to record the deed. In some states, such as California, recording a deed may trigger a property tax increase. Consult an attorney or accountant to prevent or minimize the increase.
What is the validity of a usury claim against an unrecorded deed of trust in California?
Usury is the lending of money and the charging of an illegal rate of interest. You need to pursue your claim in civil court and present the court with a copy of the unrecorded deed of trust. The court will render a decision on the validity of the loan.
What do i get My husband filing for divorce am not on the loan but am on the deed?
What portion of the property you own will be determined by the court granting the divorce. There are too many variables to give you a simple answer.
What is the statute of limitations to contest a quit claim deed in Ohio?
There is no time limit on a court order.
How do you go about undoing a quit claim deed that was forged and recorded at courthouse by a person committing fraud and how do I reclaim my property that I still have a contract payments and deed?
You would need to hire an attorney and go to court and provide proof of your claim. Then the quit claim deed would have to be made null and void.
How do you contest a deed?
If you have "standing" to claim the deed is invalid, you can sue in land court, either naming the people on the deed (or who granted the invalid deed), or naming the land itself (in rem) as the subject matter of the lawsuit, or both.
Where do you file a quit claim deed?
A quit claim deed is a very simple form, you can probably get one online or at the courthouse or a title company. Anyone can file the deed, it is just a matter of taking it to the court house and paying the fees.
We own rental property in Texas The mortgage and deed are in my name only We are planning to separate but not divorce I want to buy his interest Can I transfer his interest via a quit claim deed?
Yes you can transfer his interest using a quit claim deed. There might be a more effective way to do this and you should consult an attorney for advice.
