I was engaged when I bought it and was planning on building a house with my to be wife. When I purchased it and was at the closing she said there should be a quit claim deed signed so if anything happens to me she would be able to have the property and house to live in etc. Well we are not a couple anymore and are not going to get married. So what do I do with the quit claim deed that she has in her possession? She will not give it up and it is not recorded just so you know. Please help.
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Nothing imo will be a DIY as your states specific laws will be critical.
QCDs can be nullified or have a revocation in some states.
You can help atty by getting all history on property. like all documents filed at courthouse that attach to parcel & do a “face sheet” on yourself AND your exGF. Face sheet basically 1 page document with life details: dob, marriage, divorces, all children including any deceased or outside of marriage, your will and any codicil plus all real property info (get this from tax assessor bills). Face sheet on her needed as I’m with SendHelp that old GF springing this at closing sounds fishy.
What will likely (I’m not an atty) be looked at:
- was QCD properly drafted
- if your state requires it, was “adequate delivery” done
- is there a “first in line” rule that you could now do
- could a Quiet Title Action be done to transfer to a new entity.
- & longshot..... was QCD considered a equivalent “engagement ring”..... engagement rings for most states laws are considered part of a contract (to marry). Engagement ring NOT a gift. If you don’t get married the contract is cancelled and ring must be returned. There was an article in NYT on this and how to deal with former marriage(s) jewelry recently.
This is raw land, right?
Are you paying taxes? Most places have property tax due end of this month (January). I’d ask atty if there is something that needs to be done in advance of your paying taxes due. Or in how taxes paid.
Is there any in the near future applying for Medicaid for you or her?
You may have bought something, but you don't own it once the quit claim deed is filed, because you gave it away.
Toddle on down to the recorder's office to see what is on file now, obtain a copy for your lawyer. Do you have a copy of the quit claim deed? Act quickly, as you may have been scammed, conned, played the fool, been foolish, etc.
For you, I advise you never sign anything without your lawyer present.
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