Legal Question in Family Law in Kansas
property rights
Five year marriage ends in divorce.Wife filed based on incompatability.No children,just joint ownership of property.Both parties capable of maintaining lifestyle.Wife has child from previous marriage,and both parties agree that she will remain in house.I have since taken up residence elsewhere.My question is am I required to sign a quit claim deed,or can I refuse to do do so until I recieve my share of equity with or without legal representation?
3 Answers from Attorneys
Re: property rights
As Bonnie mentioned, the transfer of title and property should be contemporaneous with the divorce decree. Since the divorce involves real property, I highly recommend you engage an attorney to assist you and advise you on what you and your former spouse are entitled to under Kansas law. If you already have an attorney, then you should submit your questions to her or him. Too often I have seen an individual come to me subsequent to their divorce where they were not represented by an attorney and were upset with the result. It's much more difficult for an attorney to unring the bell, so to speak. You're better off hiring an attorney the first time rather than as an afterthought. Nevertheless, best of luck with your situation.
Re: property rights
I am little surprised that the issue was not resolved at the time of divorce. What does the decree provide? If it provides for a division of the real estate, then the property should be transferred. If it does not provide for a division of the real estate and basically gives the property to the spouse, then you are entitled to nothing. If the case is in the Sedgwick County area, feel free to give my office a call. 316-265-7272.
Re: property rights
Quit claim deed should have been executed and exchanged and division of property should have taken place before or simultanious w/the court issuing the decree of divorce. Leaving things hanging always asks for trouble in future, in my opinion.