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Quitclaim Deed in Divorce

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Just Me

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Post Posted: Thu Aug 14, 2008 10:40 am    Post subject: Quitclaim Deed in Divorce
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Hey guys, I'm new around here so don't beat me up too much. Cool

My wife and I were married for 3 years before we bought our house. When we financed it I signed a quitclaim deed so that we would qualify for the loan since my credit score was pretty low. This put the mortgage and title in the name of my wife.

Recently we got into a heated argument and she said she will throw my stuff out and lock the door because it's HER HOUSE.

We both work so hard to pay this mortgage, and there is a California Community Property Law that says anything you buy after marriage becomes joint property.

However, by me signing the quitclaim deed, did I give up all my rights to this home? Am I truly just a guest in this house?

I am hoping I have some rights here. A leg to stand on so to speak.

Of course I will consult an attorney if things escalate, but I was hoping to get some preliminary advice from here.

Thanks in advace!

P.S. We live in California.
Icon Mini Profile sweeney
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Post Posted: Thu Aug 14, 2008 1:09 pm    Post subject:
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Hello and welcome to the forum. First off, a quit claim will add or remove a name to title but not the mortgage. So, your name may still be on the loan. Secondly, quit claiming a name off doesn't necessarily mean a person is losing all interest or at least be able to claim an interest in a property from a legal perspective, especially in a marriage situation. This can vary by state so I think you should talk to an attorney about your situation. Good luck to you.
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Post Posted: Mon Aug 18, 2008 10:21 pm    Post subject: quit claim deed to finace a property
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California familay court do not look favorably to Q_C deed when given in connection with the financing or refinacing of the property in marriage. They view, relinquestments of community interst by anon owner spouse as afacilitator and not truly a surrender of the community ointerst. At other times, when finacing is not the reason, nonowner spouse is surrendering the community interst.. evenm here some courts question the bonafide of the intentions .
Just Me

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Post Posted: Mon Aug 25, 2008 3:41 pm    Post subject:
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Thank you for your reponses.

Yeah, I did sign the QC Deed so that we could get the loan on the house.

I do appreciate your help, hopefully I won't have to pursue this further and things work out, but you never know.

Take care!
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Post Posted: Wed Jan 14, 2009 11:59 pm    Post subject: My ex signed a quit-claim deed before getting a divorce...
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My ex signed a quit-claim deed before getting a divorce...
we have never lived in it together, the house was purchased before we met and got married years after. Does he have any rights and or interest in my property? (live in California)
Please, help. I need advise.
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BumbleBee
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Post Posted: Fri Jan 16, 2009 12:37 am    Post subject:
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Welcome BumbleBee,

I do not think he has any right to the property as the property was purchased before your marriage. Moreover as he has already signed a quitclaim deed, he cannot claim an ownership in the property.

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Mark Ross

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Post Posted: Thu Apr 16, 2009 9:59 am    Post subject: Quit Claim
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Hello..... I married 19 years ago and we needed a house so at the time she was the breadwinner and I looked for 8 months in Los Angeles looking for a house that fit our parameters. WI put 47 thousnd miles on my car in that period! I finally found the house and when we went to sign the papers she forced me to sign a quitclaim( she was pregnant). I have never felt as if this was my house and now that I feel the marriage is in deep trouble how can I know how the house plays into the divorce. The house is worth a lot now(low7 figures) even in these tough times. Any help?
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Post Posted: Thu Apr 16, 2009 10:37 pm    Post subject:
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Hi Mark!

Welcome to forums!

If you had quitclaimed the property to your wife, then you have no rights to the property. The property will be considered as her separate property now.

Sussane
peggie

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Post Posted: Thu Jan 20, 2011 3:11 am    Post subject: quit claim deed
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shortly after marrying, i signed a quit claim deed to our house. after 25 years of marriage, we are divorcing. am i entitled to any equity in our home? i live in california
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Post Posted: Thu Jan 20, 2011 10:18 pm    Post subject:
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Welcome peggie,

If your name is on the property deed, you will be entitled to claim 50% of the equity in your property.

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Post Posted: Sun Jan 29, 2012 4:36 pm    Post subject: quit claim
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Married 19 years 3 kids. Bought a home 8 years ago under his name. I signed a quick claim without knowing what I was signing. If we divorce can I lose my home to him? Both our name on the deed. Live in California.
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Post Posted: Mon Jan 30, 2012 1:04 am    Post subject:
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Welcome Guest,

If your name is not mentioned on the property deed, then you won't be considered as the owner of the property. In that case, you will lose your home.

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