When i married my husband he asked me to leave my belonging that were from my first marriage he said that we would start new and i was his wife and what was his was mine the relationship went bad we divorced i sidnt have an attorney he did his attorney said my husband would keep what was his n i would keep what was mine i said ok m signed the papers what i want to know is if my name is on the deed can i bring this to court n fight for what was a gift to me
I think you may be leaving some important facts out of your statement. You say you signed papers. If that paper is a settlement agreement that includes that you would sign over a quit claim deed, then you can be held to that promise. They don't even need your signature if you were supposed to do it they can get a judgment transferring your interest anyway and you can be made to pay the costs of your breach of the contract. You need a good reason to set aside a contract if you agreed to the quit claim deed in a settlement contract. You need to show by very strong proof that the contract was the product of fraud, duress or overreaching. If you are successful in setting aside the contract, then you start all over and have a chance to fight for your interest in the property. You will need to consult with a lawyer to learn if you have a winning case. If there was never any contract for you to sign over the deed, then yes, you have the right to fight for your share. The legal action is called partition. You will need a lawyer.
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It depends on what the Marital Settlement Agreement you signed says. I imagine if the attorney told you that he keeps what is his and you keep what is yours, that there's language that says that he keeps his property and you would sign the deed over. Review the agreement carefully.
Now you see some of the issues that can arise when attempting to do these things without proper legal advise from the get-go. It would be a good idea to sit down with a local attorney for a consultation to review your agreement with you and to advise as to any potential recourse you may have. If you do have options available, and it all depends on the language and circumstances surrounding the signing of the agreement, then you will likely be starting the process again from the beginning. Good luck!
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