I was married for 16 years. We’ve owned the home for almost 7 years. We refinanced and he brought home papers with a notary and had me sign. I trusted my husband and thought it was just refinance paperwork. We are now in the middle of a divorce and I just found out that what I signed was a quit claim deed. I am devastated. What can I do ? Or am I doomed ?
You need to hire an attorney as the deed could be rebutted but it could take what is called an evidentiary hearing.
It’s very common for a quick claim deed to be part of a refinance process. While he may have taken advantage of the fact that you didn’t know what you were signing, that doesn’t mean that you have no further interest in the house.
You will need help proving the community interest, but be aware that anyone who is claiming that something is separate property has the burden of proof. That burden is probably not going to be met by the evidence.
You only signed the Quit Claim for purposes of refinancing - not giving up your interest in the house. As Atty Staus states, it's very common. You just need to inform the court that there was no intent to transfer your interest - and it would help if you could hire counsel at least for this issue. You can ask that your husband contribute to your attorney's fees.
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