When my husband and I divorced almost 5 years ago, I agreed to sign the house back over to him. I offered to go and sign a deed, but he never wanted me too. He died suddenly a few months ago. His family found a document he had drawn up 11 months before his death for a quitclaim deed. I never saw this paper, and was never ask to sign. At his death, my name was still on the deed. Do I have any claim to the property or does the property go to his heirs. He had no children?

Since your name is still on the deed you still own the property as you never executed the quit claim deed.

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Originally Posted by rebag2006

when my husband and I divorced almost 5 years ago, I agreed to sign the house back over to him. I offered to go and sign a deed, but he never wanted me too. He died suddenly a few months ago. Do I have any claim to the property or does the property go to his heirs. He had no children?

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I believe you may have a problem: who was living or occupying the house when he passed away? Did you move out or did he?

You are the legal owner of the property. But if the divorce decree specified that he was to get the house then his heirs will sue you to force you to sign a deed transferring the property to his estate. They will win.

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Originally Posted by twinkiedooter

Since your name is still on the deed you still own the property as you never executed the quit claim deed.

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Hi Twinkie! Don't agree on this one. I believe the divorce decree "rules."

Don't know what State OP is in but I know - again in NYS - of a case in which property was supposed to be signed over to wife, never was done (for whatever reason), husband eventually filed for bankruptcy and included house (because quit claim never executed) and Bankruptcy Court ruled that the filing of the Order to sign the house over determined ownership - the quit claim was a formality.