Does a quick claim deed supersede a divorce decree?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Does a quick claim deed supersede a divorce decree?
I am going through a foreclose, trying to do a short sale and the bank is saying
that we make to much money. My ex has signed a quick claim giving me the house,
but the bank says that the divorce decree, which says 50/50 is what they will
use.
Asked on May 3, 2019 under Real Estate Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
A divorce decree is a court order; you cannot legally violate a court order, and other parties (like the bank) may rely on it and base their own actions on it. So if the divorce decree is 50/50 in regards to the house, your ex cannot violate it by quitclaiming the home to you. You could buy out his interest for the fair market value, since then he is getting the monetary equivalent of his 50/50 interest, but that's the only way for him to transfer it to you in the face of this decree.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.