Great Falls, MT asked in Probate for Oregon

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.

Related Topics:
1 Lawyer Answer
Joanne Reisman
Joanne Reisman
  • Probate Lawyer
  • Portland, OR
  • Licensed 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.