Legal Question in Family Law in Pennsylvania

Quitclaim deed during divorce

I am giong through a divorce. I live in VA and my wife lives in PA now. She signed a quitclaim deed approximately one year ago. The quitclaim has been registered with the court house.The deed is fully in my name and also the mortgage. She has recently filed and stated marital proprety (ie the house).Can she file the house as matrital property after she singed the quitclaim deed?


Asked on 11/19/05, 8:28 pm

2 Answers from Attorneys

Fred Kaufman Fredrick S. Kaufman, Esquire

Re: Quitclaim deed during divorce

She can file whatever she wants but she already gave the house away. She has no ownership interest.

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Answered on 11/19/05, 8:48 pm
John Davidson Law Office of John A. Davidson

Re: Quitclaim deed during divorce

The question I have is why did she give up her property rights in the house? If it was part of plan to divide property by agreement rather than court decree, not an uncommon occurance.

Now if she wishes to challenge the transfer she has the burden of showing fraud or undue influence.

Is the divorce being filed in Pennsylvania or Virginia? That can make a difference. In Pennsylvania the court sits as a court of equity, that is to say it looks at the facts and law and tries for a fair result. So judges have a fair amount of leeway in coming to decisions. So the facts are what tends to control.

{John}

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Answered on 11/20/05, 12:23 am


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