- Jurisdiction
- California
Hi, I have a question about quit claim deed.
me and ex wife got divorced in 2009, I got full custody on the two children. divorce agreement provides that I was to take care of both of our children because Respondent had a boyfriend and did not want to take care of our children. Our children and I were supposed to reside at our family residence which was awarded to me so that Respondent would not need to pay child support. and the house should be transferred to two children when you 18 y/o.
However, when Respondent learned in October 2012 that I had a girlfriend, Respondent became very angry. She forced me to sign a quit claim deed to give away my interest in the property to her. She was harassing and fighting with me and our children every day trying to force me to sign the Deed. Signing the Deed was never my will. And I would never want to give up the residence because our children need a home. However, Respondent intimidated me by conducting violence towards both of our children. Moreover, she made our children and myself homeless. In addition, Respondent threatened me about my sister's family. I was extremely worried about our children's safety as well as their mental health. Eventually, I was forced to sign the Deed under her constant threatening.
the MSA says this house should be transferred to our two kids when they turn to 18 y/o, but the title is with my ex. she never transfer it to me. Now she is trying to sell the house.
My question is, can I win in a motion to set aside this quit claim deed? this deed was notarized.
Thanks!
me and ex wife got divorced in 2009, I got full custody on the two children. divorce agreement provides that I was to take care of both of our children because Respondent had a boyfriend and did not want to take care of our children. Our children and I were supposed to reside at our family residence which was awarded to me so that Respondent would not need to pay child support. and the house should be transferred to two children when you 18 y/o.
However, when Respondent learned in October 2012 that I had a girlfriend, Respondent became very angry. She forced me to sign a quit claim deed to give away my interest in the property to her. She was harassing and fighting with me and our children every day trying to force me to sign the Deed. Signing the Deed was never my will. And I would never want to give up the residence because our children need a home. However, Respondent intimidated me by conducting violence towards both of our children. Moreover, she made our children and myself homeless. In addition, Respondent threatened me about my sister's family. I was extremely worried about our children's safety as well as their mental health. Eventually, I was forced to sign the Deed under her constant threatening.
the MSA says this house should be transferred to our two kids when they turn to 18 y/o, but the title is with my ex. she never transfer it to me. Now she is trying to sell the house.
My question is, can I win in a motion to set aside this quit claim deed? this deed was notarized.
Thanks!