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My mother and her husband are divorcing.
He had her sign a quick claim deed in case he died so she would get the house. Now that they are divorcing he said he is leaving her with nothing. None of the money he owes her. Does she have rights to the house or is it still his since he is still alive?

larry · Joined: 27 Jun 2007 Posts: 3322 474.67 Dollars($)

Hi hkorck,

Welcome to the forum.

Has he quitclaimed the property to your mother? If so has the deed been notarized and recorded in the county recorder office?

If he has quitclaimed to your mother and the deed has been notarized and recorded, then your mother owns the property and he does not have any rights on that property.

Feel free to ask if you have any further questions.

Best of luck,
Larry

blue · Posted: Tue Jan 29, 2008 6:28 pm Post subject:

Hi,

Welcome to Mortgagefit discussion board.

If someone quitclaims his/her property to any one he does not have rights on that property. So apparently from your post it seems that your mother is the owner of the property if her husband has quitclaimed the property to her.

But if your father quitclaims the property to your mother and himself, then both of them will be the owner. And again if your father has used a quitclaim deed with life estate then he will remain the owner until his death. So it is very difficult to say who is the owner until we know which kind of deed he has used.

Has he used a quitclaim deed with life estate? You can also consult with an attorney and request him to review the deed to know which kind of deed has been used and who is the present owner of the property.

Do let me know if you have any other questions.

Thanks
Blue

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question about quickclaim deed