Does my quitclaim deed that I filed a year ago protect me from a final judgement now on a lawsuit entered against the property by a third party?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Does my quitclaim deed that I filed a year ago protect me from a final judgement now on a lawsuit entered against the property by a third party?
My wife and I divorced last year and I quitclaimed the condo we owned jointly to her in the marital settlement. The issue is that there was a lawsuit against us by the HOA for not making mandated changes to the windows of the condo. This lawsuit has been going for 2 years. Last month the final judgement was recorded against us. Am I responsible for the judgement even though I have had no control over the property or the lawsuit for a year and a half because I quitclaimed it to her?
Asked on December 12, 2011 under Real Estate Law, Florida
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The judgment recorded on the property that you quitclaimed to your wife operates solely as a lien on the property for execution purposes. If you were named in the lawsuit and the judgment is against you, then you would ultimately be responsible for paying it off in addition to your former wife who I presumed was also named in the lawsuit and on the judgment.
Potentially your own personal assets such as bank accounts or wages could be executed upon for payment on the judgment in addition to assets that your former wife has. I suggest that you consult with an attorney who does work in the area of judgment collection be consulted with by you.
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.