Can a quit claim deed be reversed?

[michelle29]

What is the name of your state (only U.S. law)? TN
My ex and I were officially divorced in July. We owned property and a house together. He kept the house and we put the land up for sale (in the divorce decree it stated all profit be divided equally). Well, he refinanced the house and land together and I agreed (verbally) with him to settle for $3000 and I sign the quit claim deed. Well...after I signed the quit claim deed the mortgage rep. told me that the check for my $3000 would have to be in BOTH our names because the original mortgage. Had I known this I would have never agreed to sign the quit claim deed. Now my ex is refusing to meet me to pick up the check and go get it cashed, because we have to do it together due to both our names being on it. What are my legal options in receiving a check in my name only or backing out of the quit claim deed due to a breach of verbal contract?

 

[tranquility]

Once the quit claim has been delivered, it is the law. Any argument related to the deed and property must now be sued on in court as a tort or breach of contract.

 

[mistoffolees]

What is the name of your state (only U.S. law)? TN
My ex and I were officially divorced in July. We owned property and a house together. He kept the house and we put the land up for sale (in the divorce decree it stated all profit be divided equally). Well, he refinanced the house and land together and I agreed (verbally) with him to settle for $3000 and I sign the quit claim deed. Well...after I signed the quit claim deed the mortgage rep. told me that the check for my $3000 would have to be in BOTH our names because the original mortgage. Had I known this I would have never agreed to sign the quit claim deed. Now my ex is refusing to meet me to pick up the check and go get it cashed, because we have to do it together due to both our names being on it. What are my legal options in receiving a check in my name only or backing out of the quit claim deed due to a breach of verbal contract?

Well, you have a divorce decree which says the house is to be sold and the profit divided equally. Your verbal agreement doesn't override that (verbal agreements are not binding in real estate matters). So, in theory, he is in contempt of court if he doesn't sell the house which gives you some leverage over him.

I would send him a letter (certified) saying that if he does not give you the $3,000 you agreed to, you will have no alternative but to go back to court to force the sale of the house, per the divorce decree. I would guess he'd suddenly be a lot more willing to pick up the check and sign it over to you.