If we live in a property and upon breaking up i seek counsel to help recover any interest i may have when the property is divided. When he is gets the notice and is aware Im pursuing partial ownership. Can he just do a quick claim deed to get it out of his name before having to respond to my action?
As you have retained counsel rely on their advise. They can best preserve your rights by working on preventing any sales for less than fair value where your rights are not safeguarded.
If the real property is in his name alone, then you are correct that a conveyance by him to a purchaser without knowledge of your claim will terminate your claim against the property, leaving you with remedies to claim a share of the proceeds.
When your legal action seeking dissolution is filed your lawyer should record a Lis Pendens describing the your claim of interest in that land, which will avoid a potential purchaser without notice of your claim. If he will know before the legal action is filed, then your lawyer should record a Declaration that will give notice of your claim of interest describing that real property.
PS, the word is "quitclaim," not "quick claim."
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