Does a quick claim deed supersede a divorce decree?
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Does a quick claim deed supersede a divorce decree?
I am going through a foreclose, trying to do a short sale and the bank is saying
that we make to much money. My ex has signed a quick claim giving me the house,
but the bank says that the divorce decree, which says 50/50 is what they will
use.
Asked on May 3, 2019 under Real Estate Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
A divorce decree is a court order; you cannot legally violate a court order, and other parties (like the bank) may rely on it and base their own actions on it. So if the divorce decree is 50/50 in regards to the house, your ex cannot violate it by quitclaiming the home to you. You could buy out his interest for the fair market value, since then he is getting the monetary equivalent of his 50/50 interest, but that's the only way for him to transfer it to you in the face of this decree.
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