Does a quick claim override a divorce decree?
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Does a quick claim override a divorce decree?
I was divorced 5 years ago and it was agreed upon in the decree I would give my ex-husband a portion of the
equity in the house. However, 2 years ago, he requested to sign a quick claim deed deeding the house to me, So do I still have to pay him equity?
Asked on October 26, 2019 under Real Estate Law, Utah
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Having to pay him a portion of the equity is not affected by whether he gave you (e.g. quitclaimed) his interest in the home to you before you pay him, as you paid him (like closing on a house--simultaneous transactions) or after you paid him. If you were ordered to pay him part of the equity, that order is still binding upon you and you have to pay. If he decides he does not want it, you and he can jointly request that the court modify or change the order by the parties' mutual consent (agreement), but until and unless you and he do that and the order is changed, you must follow it.
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