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Ex-wife signed a quick claim deed last month to transfer her share of our home to me for a cash settlement. Just found out she had remarried before she did this and didn't tell anyone involved, and on the quick claim deed it lists her as an unmarried person. Do I have a problem and is the new husband in any way a concern with this matter. Thanks
It's a quitclaim deed. What this means is that she doesn't warrant (guarantee) that her title is good. So, if the current husband wants to contest it, you can't sue her for breach of warranty of title.
I don't think this is a big deal. Do you think the new husband is going to ever make an issue of it? If so, I honestly don't think he has a leg to stand on.
But if you want to sell it any time soon, the problem may show up as an exception to title insurance. At that time, the buyer's attorneys probably won't think it's an important issue either.
Thanks for getting back with me on this and sorry about the mistake on the deed name. I don't know what the new husband is thinking I'm just very nervous about it cause I don't understand why she would hide the fact that she was married(4/1/11) when all this was going on.This was right before she contacted me(4/14/11) saying she would take a smaller share of the house valve if she could get it right then and not have to wait for the money from the sale of the home. Just very strange, I don't trust her at all. Don't want this coming back to bite me down the road if I do decide to sell the home. She and I were the only ones on the title and we owned the house free and clear.I ended up getting a small mortgage on the home to pay her off.
It is a very common mistake. People hear an unfamiliar term and assume it's spelled a particular way. Since a quitclaim deed is normallly used as a simple resolution of an issue, they assume it's spelled "quick". Actually, the word "quit" is used in the sense of "giving up" or "surrendering" any claim one might have.Quote:
Originally Posted by subc1
Your divorce was final before the date of her new marriage, right?Quote:
Originally Posted by subc1
If so, I am wondering why these financial arrangements weren't completed at the time of the divorce.
The divorce was final in Jan 2010, at which time the mediation agreement said she was to get 50% of the valve of the home when sold. With the market the way it is we were getting any offers and I guess she got tired of waiting and contacted me saying she would take a lot less then 50 %. So I got the paper work done and a judge OK'd the modification to the agreement concerning the house, and we did the quit claim deed. Everything else in the original agreement was already done, so with the deed being signed and her getting the cash I thought we were done,that is till I heard this last Saturday that she had remarried. Then when checking the paperwork I noticed the item on the deed were it gives her name then says an unmarried person
OK, I don't think youi have any problem with any of this. To do it absolutely 100% correctly, the quitclaim deed could have recited that it was to be effective, nunc pro tunc to January of 2010, but I wouldn't worry about it.Quote:
Originally Posted by subc1
When the quit claim deed was signed, did you turn over the money to her at the time as per the agreement with the judge. That exchange would seal the contract. And the minor errors of saying she wasn't married, especially since it was only 2 weeks, should not matter.
Not sure if the laws have changed, some US states, ( used to be SC) if a couple was married there was a requirement for the spouse to acknowlege the purchase or sale, for it to be legal.
*** I got caught up badly in a house deal there, but that was 20 years ago
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