Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“A few years ago, I asked my wife to move out of the condo that we purchased together, and she asked for some equity out of the property. I gave her $2,500, but had her sign a general quit claim deed as a condition of the money. We have since divorced. After filing the quit claim deed with the county, it was returned to me indicating that more detailed information is required to identify the property for recording purposes. Is the quit claim deed therefore invalid, or does the fact that she signed it at least show that the intent of the exchange of money and property between us still intact? Can I file an amendment to the original quit claim deed with the additional identifying information for the property requested by the county without her signature?”In general, no, you can’t make modifications to the document after it’s signed. You’ll need to put together a document that meets your local recording requirements, and have your ex-wife sign it. However, you are right that the document you have does strongly indicate the arrangement you had, so if she refuses to sign you should have a legal leg to stand on-at least to get your money back, if not force her to sign the document.
Question: Keep in mind, however, that the terms of your divorce could affect this. You should review the situation with your divorce attorney before taking any steps.
