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What, if anything would invalidate a Quit Claim Deed between spouses?

Brooksville, FL |

I signed a Quit Claim Deed on jointly owned marital home&property.(nothing to do w/ div. at the time;just very naively trying to prove my love)Spouse and I cont. to live there for five yrs. before;w/out my knowledge,my husband started preparing for a divorce.The first thing he did was put the aforementioned property into a Life Estate leaving it to his[adult]son. .We were later told by an attorney(friend of hubby's),that because we had cont. to live in & on said property for yrs. after the Quit Claim Deed was filed;that it became invalid and that the house and land were still marital property(meaning the Life Estate isn't legal).Can my husband now dump me out of a twenty-four yr.marriage w/nothing or do I still have some claim on our marital home? Thank you

Attorney Answers 3

Posted

Since the propety is your homestead, your husband cannot sell or mortgage it without your consent. As to whether you will have any interest in the property after your divorce, is something that the court will decide. You should consult with the lawyer who is representing you in your divorce.

Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.

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Posted

No. Your husband cannot just "dump" you. You have a right to marital assets (which means everything that was shared by the two of you during your marriage, or was funded by the efforts of either one or both of you). You have additional rights to support and maintenance, particularly considering the length of your marriage. DO NOT SEEK THE ADVICE OF A FRIEND OF YOUR HUSBAND!!! Find your own family law attorney. If you cannot afford one, your husband will have to pay for him/her. You have rights. Make sure they are protected!!!

Carol Johnson Law Firm, P.A. : (727) 647-6645 : carol@caroljohnsonlaw.com : Wills, Trusts, Real Property, Probate, Special Needs: Information provided here is anecdotal and should not be relied upon or considered legal advice. Every matter is different and answers given here are general in nature and may not reflect current Florida law at the time you are reading this posting. Please contact me if you feel you need additional assistance with your matter.

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Posted

No-he can't just dump you and the deeds could be invalid unless you have a pre or post marital agreement.
You need an family law/real estate attorney right away.

The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

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