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

Asked about 1 year ago - 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)

  1. Marshall C Deason Jr.

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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... more
  2. Carol Anne Johnson

    Contributor Level 18

    3

    Lawyers agree

    Answered . 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,... more
  3. Joseph Franklin Pippen Jr.

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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... more

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