After Filing a Quitclaim with the County it was Returned Indicating they Needed More Detailed Information, Is the Quit Claim Valid?

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“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?”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

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.

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.



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Author: House Attorney

A house attorney has answered this question.

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