Posted on: 24th Feb, 2007 10:31 pm
since I filed for the dissolution of my marriage, my ex-husband failed to appear for all court dates which the judge made a judgment based on default and granted me possesion of the property my ex-husband and I bought while married. I did not know that a Interspousal Transfer Deed needed to be signed because my attorney did not inform me of it. The judgement was done on October 25th, 2006. How many days do I have or does my attorney have to get this taken care of? If not taken care of, can my ex-husband filed a suit against me and stop the deed from being transferred?
Linda, I don't think it is possible for your husband to file a lawsuit and stop the deed from being transferred in your name. You have got the property being granted to you.
Linda,
I would advice that your attorney should contact ex-husband and get the interspousal transfer deed made out. As per the divorce decree the property needs to be transferred to you. There is no particular set time frame within which the property should get transferred. Even now the deed can be made out and it would be valid.
On the other hand if the judgment had specifically mentioned that the property transfer should be completed within a certain time period then it would have been different.
David
I would advice that your attorney should contact ex-husband and get the interspousal transfer deed made out. As per the divorce decree the property needs to be transferred to you. There is no particular set time frame within which the property should get transferred. Even now the deed can be made out and it would be valid.
On the other hand if the judgment had specifically mentioned that the property transfer should be completed within a certain time period then it would have been different.
David
My father passed and his wife is saying everything is hers. My father had property and after he was told that he had 2 months to live and on meds she got him to sign a quit claim did. His there anything we can do?
It is possible to challenge the validity of the deed based on competency but that may very well be a difficult, and expensive, case to prove. Also, even if your father had a will in which you were named as heir, a deed would take precedence over the will.
I'm at the end of our divorce. A settlement check has been issued to me w/ regard to spousal support for 1/2 the time of our 9 year marriage. The home we lived in was transfered/quitclaimed to him 4 months prior to our marriage. He locked me out of our home, now we are headed to Superior court arbitration for our community property division settlement. I just received an Interspousal property deed transfer he wantsme to sign. Do I have to sign this? I am not on the deed, or the line of credit he took out years ago. I did help pay on this loan during the course of our marriage. I'm I responsible for any of the loan. What happens if he decided to sell after the divorced is final, am I entitled to the capital gains on the sale?
Should I sign the deed.Married 9 years, going through a divorce. Am I entitled to any interest on the house if it was solely in his name that has accrued from the time I was married to the time of divorce?
We added an addition to the home it is not legally recorded.
We added an addition to the home it is not legally recorded.
Hi Annie,
No one can force you to sign the inter-spousal transfer deed. If your husband does so, then it will be considered as illegal and you can take legal actions against him. If you sign the deed, you won't be able to claim community property rights over it. If your name is not mentioned on the mortgage deed, then you won't be liable for making the mortgage payments.
Thanks
No one can force you to sign the inter-spousal transfer deed. If your husband does so, then it will be considered as illegal and you can take legal actions against him. If you sign the deed, you won't be able to claim community property rights over it. If your name is not mentioned on the mortgage deed, then you won't be liable for making the mortgage payments.
Thanks
My friend signed an interspousal transfer to his wife and she is now deceased. Can he have this transfer reversed. She left no will.
Hi libarra!
Welcome to forums!
As far as I know, the transfer cannot be reversed. Nevertheless, you should contact a real estate attorney and take his opinion whether or not the transfer could be reversed.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
As far as I know, the transfer cannot be reversed. Nevertheless, you should contact a real estate attorney and take his opinion whether or not the transfer could be reversed.
Feel free to ask if you've further queries.
Sussane