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View Full Version : Do it yourself law quiet title


ALASKA2244
Apr 23, 2010, 10:47 AM
I am divorced, (the divorce is final over a year ago now) I bought land before marriage and added her name to title at time of closing. I bought this land using money taken out against my home (had before marriage). I took out a second mortgage on my house to pay for the land, shortly after combined first and second mortgages into one mortgage, which I am, steal paying off.

I did not add Wife’s name to the deed on this land at close of escrow for gift purposes, but only for testamentary purposes.

Now She wants half the value of the land,
Question:
*Is she entitled to any of this land?
*Can she ask for half the value of the land without deducting my initial investment?

The judge at the divorce would not rule on this mater because the land was purchase before marriage.

JudyKayTee
Apr 23, 2010, 11:18 AM
Whether it was acquired before marriage all property, joint or individual, should have been addressed.

I say she's on the title - she's a part owner. If any marital assets went to pay for this property at any time, she's a part owner.

I see you going back to Court over this.

AK lawyer
Apr 23, 2010, 12:42 PM
...
I did not add Wife's name to the deed ... for gift purposes, but only for testamentary purposes.
...

By "testamentary purposes" you mean a will-subtitute? Wrong. A will takes place at death, but this thing took place when you executed the deed. Whether your intent was to make a gift, that's exactly what you did.

You shot yourself in the foot.


...The judge at the divorce would not rule on this mater because the land was purchase before marriage.

Strange. Are you in Alaska by any chance?