Legal Question in Real Estate Law in Florida
signing of documents
I signed over quick claim deed to my husband. I was lied as to what I was signing and why. He also asked me sign many other documents that states that I agree to have 25% of properties we have together. Again I was tricked to signing as to why. My question is when we go through divorce process, will these documents hold? How about quick claim deed?
Thank you.
2 Answers from Attorneys
Re: signing of documents
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
When you sign a Quit Claim Deed in favor of your spouse it is considered a gift under Florida law. If this Deed was obtained under false pretenses, you need to file suit to quiet the title. Any other instruments or documents you signed which were obtained by fraud or deceit should be set declared null and void too. Only an order from the court can accomoplish this. The longer you wait, the less chance of success you will have.
You will need to hire an attorney as you will be unable to handle this kind of action by yourself. I suggest that you consult an attorney as soon as you can in order to review your legal rights and obligations.
Scott R. Jay, Esq.
Re: signing of documents
You need to get these documents annulled now and not wait because waiting will only weaken your position.