Legal Question in Family Law in Minnesota

Re: money or no money

Your question about the effect of a quit claim deed is one that I receive frequently. In your case, however, you are also concerned about whether the sales proceeds should be divided.

There are two issues for you to consider, and you should pay close attention to the first one.

First, whether or not your former husband is entitled to any share of the sale proceeds is determined by your divorce decree. If you have a divorce decree that awards the home to you, then you are entitled to all of the sale proceeds. In that circumstance, it is unlikely the closer would issue a check payable to you and your former husband, jointly. If that is what occurring, you should contact a lawyer to ensure the sale proceeds are properly disbursed.

Second, if you are still in the midst of a divorce proceeding, the sale proceeds will be paid to you and your husband jointly. How the proceeds will be divided then remains unresolved, and subject to negotiation. Depending on other facts in your case, it may be appropriate to divide the proceeds, give them to one or another party, or place them trust until all of the other property issues in your case are resolved. How the proceeds will be divided (if not already covered in a divorce decree) should be carefully discussed with your attorney.

What all of this means is that how the money should be disbursed has little to do with who's names appear on the check issued by a closer. How the money will be disbursed depends, instead, on the terms of a divorce decree, or on the result of ongoing settlement negotiations.

You should contact a lawyer if you have any questions about this matter. You may contact me if you need assistance. My contact information is below.

Good luck, and thank you for your question.