QUESTION
If an Quit claim Deed was signed but not submitted to the County to record, is it still enforecable in a divorce case?
Asked on Apr 16th, 2015 on Divorce - California
More details to this question:
My husband signed a quit claim deed of a solely owned property dividing the property amongst his wife and three children. He never filed the quit claim with the county, although it was signed and notarized. Is that Quit Claim enforceable in a divorce proceeding (Can it be considered a legal document)?
2 ANSWERS
Family Law Attorney serving Fountain Valley, CA
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Law Office of Edwin Fahlen
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Recording the Deed is not the transfer of the property. Delivery of the Deed gives up the interest in the property. The Quit Claim Deed is enforceable against some people, and not enforceable against other people such as a bonafide purchaser for value without knowledge of the Deed. In the divorce case enforceability depends on the facts of the transfer of title, which is much to in depth for a brief answer. Each case stands on its own set of facts and circumstances.
Answered on Apr 21st, 2015 at 5:32 PM
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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Why do you ask? I'd consult your divorce case judgment and orders to see what he was required to do. If he was not required to issue the quit claim deed, then I'd figure out why you posted here. You want to be able to record the deed with your County Recorder. Ask your County Recorder if you can do so successfully. If so, I really wonder why any answer is needed from this forum.
Answered on Apr 21st, 2015 at 2:37 AM