Legal Question in Real Estate Law in New York

There are a few issues here:

1. A quitclaim only removes your name from the title. It does not necessarily remove you from the obligation to pay. So, if your ex refuses to pay, it could wind up ruining your credit, even though you no longer own the home.

2. I would have to read your divorce decree to answer the question. My suspicion is that executing the quitclaim will not relieve his obligation to give you 1/2 the equity. Even if executing the quitclaim didn't absolve the ex from paying you your half, you no longer have any leverage.

For more information, please visit our website:

http://leonlaw.com

Also, please read our disclaimer:

http://leonlaw.com/disclaimer/

Q. If I do the Quick Claim Deed does that supercede my divorce decree stating I'm entitled to 1/2 the house value?

A. Probably not, although I would have to read the settlement agreement.

MORE IMPORTANT, by signing the quitclaim deed you lose security of having title in the house. Your ex husband would be able to sell the house and disappear. You would have to chase him for the money. Instead, your husband should be refinancing and paying you for your 1/2 share in the house.

Mike.