Quit Claim Deed used before filing for Divorce

dress4less · Joined: 10 Mar 2008 Posts: 2 1.59 Dollars($)

Ok, here goes.....
Lets say, I was recently married, and now found out things that I would not be married if I'd known. I came into the marriage with a house in my name only. THe mortgage and deed is in my name only. If I add a family members name to the deed in a quit claim deed, will that help me? Its a short marriage so more than likely in MA it will be we get what we came with, but I'm trying to cover my bases. Any help or suggestions please let me know. Thanks

larry · Joined: 27 Jun 2007 Posts: 2942 409.79 Dollars($)

Hi,

Welcome to the forum.

Are you the only owner of the property? If not then you will have to inform the other co owners before quitclaiming the property. Again if it is a mortgaged property then you should also take permission from the lender prior to signing the deed.

Best of luck,
Larry

dress4less · Joined: 10 Mar 2008 Posts: 2 1.59 Dollars($)

everything is only in my name but I was going to add a family member before I filed for divorce

blue · Posted: Mon Mar 10, 2008 1:52 pm Post subject:

Hi,

Welcome to Mortgagefit discussion board.

Massachusetts is an Equitable Distribution State. All the properties, no matter when and how these are accrued are considered as marital property. Although "Equitable Distribution" doesn't mean here 50-50 distribution, especially in a "short marriage" like yours.

So if you quitclaim the property before filing divorce, it will be considered as a fraudulent conveyance. So I feel you should consult with an attorney on this issue.

Do let me know if you have any other questions.

Thanks
Blue

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