Legal Question in Real Estate Law in Oregon
ouit claim
If my ex wife did a quit claim deed to the family home after the divorce and now wants to revers it , can she force me to give back half of the equity.
1 Answer from Attorneys
Re: ouit claim
You don't state any grounds on which she believes she is entitled to receive 50% of the house at this point. First, dissolution has been finalized and property distributed. Second, the deed has already been transferred.
The judgment of dissolution should have stated how property will be split. If she was entitled to 50% of all property, did she receive other property that went towards her 50%? Otherwise, I'm not clear why she would have conveyed the deed.
She will generally not be able to set aside the deed (except for some rare cases involving fraud and such). If there are additional considerations that you have not stated, perhaps a judge could enforce the terms of the judgment of dissolution by awarding her money judgment for the value of her property share.