Legal Question in Real Estate Law in Missouri

I signed a Quit Claim Deed in my divorce and my ex-husband was ordered to sell or re-finance the house in which he has done neither (it's been almost 5 years). Now he is defaulting on the loan and the bank is getting ready to foreclose. I know the mortgage company can and will come after me. My question is...can I take the property back from him? In other words, can the Quit

Claim Deed be reversed since he did not fulfill his obligation ordered by the judge? I'd like to assume the payments and the property and have him sign a Quit Claim Deed. Please Advise & Thank You!


Asked on 1/10/10, 8:37 am

1 Answer from Attorneys
Anthony Smith LawSmith

If you husband never recorded the quit claim deed, he can destroy it and it is as if it never occurred. If he recorded it, he would need to deed his interest in the p[roperty to you. If he will not do that, you may have to take him back to court and ask the court to order him to transfer the property to you. Call the attorney that handled your divorce, to get their advice before acting. They know more of the facts of your case.

Good luck

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Answered on 1/21/10, 7:03 am


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