Legal Question in Family Law in Washington
Quit Claim Deeds
My husband and I filed a quit claim deed when we filed for divorce (him giving up all interest in our house and property to me.) and under the heading where it says ''for and in consideration of'' (meaning the reason he was granting me the house and property) we put per divorce decree, and the case number. I then recorded it with the court. We ended up dismissing the first divorce case and attempting to reconcile. But, I never quit claimed the property back to him I just left it the way it was just in case things didn't work out. They didn't and we are now in the middle of divorce proceedings again, but obviously with a different case number as the last one was dismissed. Will this affect my quit claim deed in any way to have the other case number on it? As I said before, I never quit claimed the property back to him when we dismissed the first case, so I have been told that the quit claim deed is still very much valid even with the other case number on it because it was signed, notarized and recorded in the court. I need to know if this is true. Thank you so much for your help!
1 Answer from Attorneys
Re: Quit Claim Deeds
The quitclaim deed is presumptively valid, but presumption can generally be overcome by evidence. You have a situation where the consideration was never delivered (a divorce decree). Wonderful material for suit to set aside the quitclaim (based on the same argument that would be made if you had written a personal check as the consideration and the check and not been good). Also because there is no clear law on this issue in Washington, it would probably be a nice appeal case also. An attorney that does real estate work may actually be a better match for this case.
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