Hart v. Pace

By Judge Robert P. Doherty, Jr.

Husband and wife obtained a final divorce decree dated June 16,1980, which incorporated by reference their post-nuptial agreement. The Post-Nuptial Agreement gave the wife a one-half undivided interest in the real estate which had been previously owned by fee simple solely by the husband. On April 20,1987, without having executed or recorded a deed conveying the wife’s one-half undivided interest in the land to her, husband conveyed the land to trustees under a deed of trust to secure a loan to him in the amount of $100,000.00. That deed of trust was recorded in…