Can I Comply With a Divorce Order 25 Years Later?

Full question:

I was divorced in 1985 as per this divorce my wife was given sole ownership of our family home. However I was to execute and deliver to her a 'quitclaim deed' upon the condition that she concurrently execute a promissory note in the principal amount of $10,000 with simple interest to accrue at 10.5% per annul secured by a deed of trust. Payment of this note was to be a lump sum of the principal plus all interest accrued and was due upon the sooner of the sale of the home or July 1,1988. I never did what I was suppose to to date for various reasons. Is it too late now? Or can I still get what I was awarded in 1985 by the judge. If so what action to I need to take? Thank you.

Category: Contempt
Date: 04/07/2025
State: Alaska

Answer:

When a court order isn't followed, a petition for contempt may be filed in the court that issued the order. A request may also be made to have the court to order the noncomplying party to pay for the losses caused by the failure to comply. The court retains continuing jurisdiction to enforce its orders by holding the noncomplying party in contempt of court.

Generally, unless prevented by court order, you are not prevented from delivering the deed. However, it is possible that a contempt motion may be made by the former spouse. If the former spouse fails to deliver the promissory note, it is possible you may file a motion for contempt, and then it will be a matter of subjective determination for the court, based on all the facts and documents involved. A party may also file a Judgment on Rule for Contempt, which is a prepared judgment ready for the judge to sign, to further the court's ease in making a determination. A certificate of service is filed along with the petition to prove that the petition was served on the opposing party.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Does a divorce decree override a quit claim deed?

A divorce decree can establish ownership rights and obligations, which may include the execution of a quitclaim deed. However, a quitclaim deed itself is a separate legal document that transfers property rights. If the divorce decree requires a quitclaim deed to be executed, then the decree takes precedence in terms of obligations. Failure to comply with the decree can lead to legal consequences, including contempt proceedings.

What makes a quitclaim deed invalid?

A quitclaim deed can be considered invalid if it lacks essential elements such as proper signatures, notarization, or if it was executed under duress or fraud. Additionally, if the grantor did not have the legal right to transfer the property, the deed may also be invalid. It's important to ensure that all legal requirements are met for the deed to be enforceable.

Why would a spouse do a quit claim deed?

A spouse may execute a quitclaim deed to transfer their interest in a property to the other spouse, often as part of a divorce settlement. This allows for a clear title and avoids future disputes over property ownership. It can also simplify the division of assets and ensure compliance with the terms set forth in a divorce decree.

How can I nullify a quitclaim deed?

To nullify a quitclaim deed, you generally need to prove that it was executed under duress, fraud, or without proper legal authority. You can file a lawsuit to challenge the deed in court. Additionally, if the deed was recorded, you may need to seek a court order to remove it from public records. Legal advice is recommended to navigate this process.

Can a quitclaim deed be challenged?

Yes, a quitclaim deed can be challenged in court. Grounds for challenge include claims of fraud, duress, lack of capacity, or failure to meet legal requirements during execution. If you believe the deed is invalid, you can file a lawsuit to contest it. The court will review the evidence and make a determination based on the facts presented.

What voids a quit claim deed?

A quitclaim deed can be voided if it was not signed properly, was executed under duress, or if the grantor lacked the legal capacity to transfer the property. Additionally, if the deed was obtained through fraud or if it violates state laws, it may also be considered void. Always consult with a legal professional for specific advice.