Legal Question in Real Estate Law in Florida

quit claim deed

My partner and I owned a house. We have since broken up and she agreed to let me buy her out of the house. She signed a quit claim deed to transfer her interest in the property to me. Consideration was for half of the mortgage (we were both on the mortgage and owed $300,000 and half of the equity which was about $100,000 which is $200,000 total consideration. I refinanced the house to give her her share of the equity ($50,000). Now the house is in my name and so is the new mortgage. Now she wants to reverse or void the quit claim because I have not given her the $50,000 yet. I will give it to her in the near future. Can she have the quit claim deed voided or reversed because she didn't get all of the consideration yet?


Asked on 12/21/08, 3:43 pm

1 Answer from Attorneys
Justin Schmidt Law Office of Justin B. Schmidt, P.A.

Re: quit claim deed

No. You cannot void a validly executed deed that has been recorded in public records. What she could do is sue you for breach of contract and obtain a court order and judgement against you.

Read more
Answered on 12/25/08, 12:16 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Florida