Dietl v. Sipka

{¶ 28} I respectfully dissent. The majority determined that because a lien was not perfected by the recording of the quitclaim deed, there was no perfected interest reserved by the quitclaim deed. I disagree. I believe that the transactions here should not be determined by their labels, but by their substance. Sipka’s property interest predated the separation agreement. The separation agreement is not the source of her interest in the subject real estate, but a contract in which she agreed to transfer her interest in the property except for $25,000. She originally owned a half interest in the…