Q: If a divorce decree relinquishes rights to property does that person have rights if former spouse didn't file quitclaim?
mom divorced dad, dad gave money to mom for her part of property. Never filed quitclaim as far as i can tell. This was in Oregon.
A: Not sure which parent you are asking on behalf of. But the parent you are concerned for needs to be the one to investigate this issue. First, they need to read the Divorce Decree and see exactly what it says. If it identifies the property by stating the legal description and clearly identifies who the property was awarded to, that is effectively a transfer of the property. No additional deed is needed. But if the decree isn't clear or uses a street address and not a legal description, it may be ineffective to transfer the property. Also if there is a mortgage that both parents are liable for, the mortgage company doesn't care what the divorce court did or ordered. Both people are still on the hook for the mortgage so it is foolish to transfer the rights in the property without making sure that the outgoing owner has been relieved from the mortgage obligation. This usually requires paying off or refinancing the mortgage.
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