Q: Does a quitclaim deed (signed after divorce) take precedence over a divorce agreement in MA?
Divorced 12/2012, X signed quitclaim deed giving me sole ownership of home in 9/2013, mortgage is in my name alone. Child is now 23 and X is demanding I sell the house and give him half. Child support was paid via payment to mortgage company to reduce monthly chasing for payment. Does the divorce agreement take precedence over the quitclaim deed?
A: That is really hard to say without knowing the specifics of the Separation Agreement that was signed as part of the divorce or divorce judgment if it was decided by a judge. It isn't all that uncommon for one spouse to stay in the home until the kids finish school and then the house sold at that time and the equity divided. If that was supposed to happen, it should be clearly stated in your agreement. These types of issues are very fact-specific though, you should speak with an attorney (or more than one) who could tell you your rights and any obligations you may have regarding the house.
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