Legal Question in Real Estate Law in New Jersey

Divorce Settlement vs. Quit Claim Deed

In 1997 my husband and I were divorced and the property settlement that we signed stipulated that the net proceeds of the sale of our marital residence be shared equally between us. About three years before the breakup of our marriage, however, my husband signed a quit claim deed for that same property giving me sole ownership. Which document takes precedence? Did I give up ownership when I signed the settlement?


Asked on 6/05/01, 11:35 am

1 Answer from Attorneys
Robert Gleaner Robert A. Gleaner, P.C.

Re: Divorce Settlement vs. Quit Claim Deed

Apparently so. It appears to me that in spite of the quit claim deed, the property was still considered to be marital property at the time of the signing of the property settlement agreement. Otherwise, why would you have agreed to divide the proceeds? Keep in mind that this advice is based purely on the little bit of information that you have given to me. There may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, before you take any further action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner

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Answered on 6/27/01, 10:42 am


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