---

Quitclaim Deed in Divorce

Author	Message
	Add to del.icio.us Add to YahooMyWeb Add to Simpy Add to BlinkList
Just Me Guest	Posted: Thu Aug 14, 2008 10:40 am    Post subject: Quitclaim Deed in Divorce Like 0 Dislike 0 Hey guys, I'm new around here so don't beat me up too much. 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.
sweeney Community Expert Joined: 20 Jul 2008 Posts: 131 25.11 Dollars($)	Posted: Thu Aug 14, 2008 1:09 pm    Post subject: Like 0 Dislike 0 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. _________________ Mike Sweeney LionSaves.com - refinance debt views expressed on this forum are my opinion as a mortgage professional, not legal advice
hills_4 Guest	Posted: Mon Aug 18, 2008 10:21 pm    Post subject: quit claim deed to finace a property Like 0 Dislike 0 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 Guest	Posted: Mon Aug 25, 2008 3:41 pm    Post subject: Like 0 Dislike 0 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!
Guest	Posted: Wed Jan 14, 2009 11:59 pm    Post subject: My ex signed a quit-claim deed before getting a divorce... Like 0 Dislike 0 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. Best, BumbleBee
adonis Joined: 22 Oct 2005 Posts: 10242 Location: ALASKA 1042.50 Dollars($)	Posted: Fri Jan 16, 2009 12:37 am    Post subject: Like 0 Dislike 0 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. _________________ Procrastination is the enemy of your financial success
Mark Ross Guest	Posted: Thu Apr 16, 2009 9:59 am    Post subject: Quit Claim Like 0 Dislike 0 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?
smithsussane Joined: 18 Sep 2008 Posts: 10020 Location: Alaska 917.78 Dollars($)	Posted: Thu Apr 16, 2009 10:37 pm    Post subject: Like 0 Dislike 0 Hi Mark! Welcome to forums! If you had quitclaimed the property to your wife, then you have no rights to the property. The property will be considered as her separate property now. Sussane
peggie Guest	Posted: Thu Jan 20, 2011 3:11 am    Post subject: quit claim deed Like 0 Dislike 0 shortly after marrying, i signed a quit claim deed to our house. after 25 years of marriage, we are divorcing. am i entitled to any equity in our home? i live in california
adonis Joined: 22 Oct 2005 Posts: 10242 Location: ALASKA 1042.50 Dollars($)	Posted: Thu Jan 20, 2011 10:18 pm    Post subject: Like 0 Dislike 0 Welcome peggie, If your name is on the property deed, you will be entitled to claim 50% of the equity in your property. _________________ Procrastination is the enemy of your financial success
pin ball Guest	Posted: Sun Jan 29, 2012 4:36 pm    Post subject: quit claim Like 0 Dislike 0 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.
adonis Joined: 22 Oct 2005 Posts: 10242 Location: ALASKA 1042.50 Dollars($)	Posted: Mon Jan 30, 2012 1:04 am    Post subject: Like 0 Dislike 0 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. _________________ Procrastination is the enemy of your financial success

Quick Reply
Your Name
Subject
Image Verification	Enter the code above here : Can't read the image? click here to refresh
Message body

All times are GMT - 7 Hours

Page 1 of 1

---

We have chosen to apply the Creative Commons Attribution License to all works we publish. This work is licensed under cc by 2.0