Apopka, FL asked in Divorce and Family Law for California

Q: My name was removed off the property deed.Prior to this, we had a divorce agreement. Is this agreement still valid?

We have a 40/60 Split on the property, but just found out that decades ago I had signed to remove my name off the deed. I dont quite remember doing that, but apparently there’s a notarize document. The fact that the house is no longer financed, and with my name off the deed, does this means that my divorce agreement clauses are not valid anymore ?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: The divorce agreement and property division terms you reached during the divorce should still be valid, regardless of the change to the property deed, unless you later signed something explicitly altering the terms of that agreement. The fact that your name was removed from the deed does not automatically negate your legal rights under the divorce settlement, especially if the agreement specifically granted you a portion of the property’s value or proceeds from its sale.

However, the notarized document removing your name from the deed might complicate matters if it contradicts the original terms. It's possible that, without realizing, you signed something that affected your ownership rights, which might have been part of a refinancing or another process.

You may want to review both the notarized document and your divorce agreement carefully to understand their impact. It’s essential to ensure that your legal rights are still protected, and if there’s a conflict between the two documents, legal advice could help you clarify the situation.

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