Legal Question in Family Law in California
Division of Property
If a court has ordered an even split of real estate in a divorce case, and I foolishly signed a Quit Claim Deed a year later, does the Deed take priority over the Court's order?
1 Answer from Attorneys
Re: Division of Property
The deed will likely be effective, unless you could show some basis for a court to set it aside. Assuming the two of you were divorced when you signed the quitclaim, your ex did not have a fiduciary duty to you.
However, I don't know if the judgment called for an even division of real property or an even division of what the property is worth. If the latter, you might be able to use the judgment itself to determine what your share of the property was worth and then place a judgment lien on the property.
I don't know what the judgment really says, why you signed the property over, what promises were made, etc., so it is hard to comment much more.
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