Legal Question in Family Law in Massachusetts

quitclaim vs divorce decree

x-wife signed a quit claim, for me to buy her out. Buy did not happen. divorce decree calls for no cohabitation. does quit claim allow me to do anything I want as far as house is concerned? including cohabitate?


Asked on 10/08/08, 11:59 am

3 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: quitclaim vs divorce decree

These are two separate issues.

Did you buy her out?

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Answered on 10/08/08, 10:12 pm
Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: quitclaim vs divorce decree

As the others have said, without seeing the controlling document, it is hard to provide any guidance.

You should bring your quit claim deed together with your divorce decree for a low flat-fee consultation. I am located in Quincy.

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Answered on 10/09/08, 8:15 am
Gregory Lee Gregory P. Lee, Attorney at Law

Re: quitclaim vs divorce decree

Are you saying that a judge decreed that you may not cohabit with a third party? Is this a provision related to your having custody or visitation of children? Does it reflect some judgment issue in that regard? Frankly, unless there are children in your custody, such a decree is rare and potentially unenforceable.

However, more facts are --needed-- before you can depend on this as a legal opinion; I wouldn't go moving anyone in without a full, complete and private OFFICE consultation with an attorney. Unusual cases require more than a quick e-mail on a website. Talk to the lawyer who represented you in the divorce, or call someone and make an APPOINTMENT.

An opinion CANNOT be properly rendered without the documents in front of the lawyer. My concerns and guesswork above is NOT advice on which you may rely.

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Answered on 10/08/08, 12:06 pm


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