Posted on: 07th Feb, 2008 08:44 am
i signed a quit claim deed in 2001 to my ex-husband. i remarried in 2005. the original quit claim has an error and my ex wants my current husband and i to sign the corrected one. my current husband doesn't want to, now my ex is threatening to sue.
i dont know if i understand the situation. it would seem that the original quit claim deed provided ownership to your former husband of whatever property you and he owned. i can understand the need for a new deed to correct the original error, but where does your current husband come into the mix?
presumably, he was never an owner of the property in question - right? if that's the case, there would be no valid reason for his signature to be needed.
it sounds like none of you have legal counsel working for you. why is that?
truly, it seems like the legal profession is unrepresented over and over again from the postings we receive here. most of the questions we see are legal in nature, and it seems like we (the public) likes to go blindly into these transactions. wow...what misery we wish to bring upon ourselves.
please pardon me for that above paragraph - i am mystified in that regard.
okay...please go seek out legal assistance to clarify for you precisely what is needed to correct the situation with your former spouse. i agree that there should be no need for your current spouse to be a signatory to any document at this time.
presumably, he was never an owner of the property in question - right? if that's the case, there would be no valid reason for his signature to be needed.
it sounds like none of you have legal counsel working for you. why is that?
truly, it seems like the legal profession is unrepresented over and over again from the postings we receive here. most of the questions we see are legal in nature, and it seems like we (the public) likes to go blindly into these transactions. wow...what misery we wish to bring upon ourselves.
please pardon me for that above paragraph - i am mystified in that regard.
okay...please go seek out legal assistance to clarify for you precisely what is needed to correct the situation with your former spouse. i agree that there should be no need for your current spouse to be a signatory to any document at this time.
What is the error?
You cannot sue to force someone to sign a deed. However, he may sue to have the error corrected.
@qmarkerley:
I am an attorney. I think people hesitate to consult with an attorney because they think it will cost too much. However, most attorneys will give you a free consultation, or at most you will have to pay an hour or two for advice, which is a couple hundred dollars. This is a good investment when you are talking about a property with a value usually worth 100 times that.
You cannot sue to force someone to sign a deed. However, he may sue to have the error corrected.
@qmarkerley:
I am an attorney. I think people hesitate to consult with an attorney because they think it will cost too much. However, most attorneys will give you a free consultation, or at most you will have to pay an hour or two for advice, which is a couple hundred dollars. This is a good investment when you are talking about a property with a value usually worth 100 times that.
jheard - i am so pleased to know that we have your representation on here. i may have been hasty in my comment that there seems to be a lack of true legal advice in the forums.
i recognize the fear of spending money that many of us have; apparently that fear is more deep-seated than the fear of going off and doing something foolish for lack of good counsel.
thanks for chiming in here - i am hopeful that we can persuade those who are fearful or just plain uninformed that they ought to avail themselves of legal advice before moving blindly along.
i recognize the fear of spending money that many of us have; apparently that fear is more deep-seated than the fear of going off and doing something foolish for lack of good counsel.
thanks for chiming in here - i am hopeful that we can persuade those who are fearful or just plain uninformed that they ought to avail themselves of legal advice before moving blindly along.