quit claim prior to marriage?

Guest 0.10 Dollars($)

I have a quick & simple question. I have a house that is completely paid off and I am the only one on the deed. I plan on getting married in the near term. Would my future spouse have any rights to that property or would I need a quit claim deed? Thanks in advance.

-Jer from California

larry · Joined: 27 Jun 2007 Posts: 3328 473.51 Dollars($)

Hi,

Welcome to the forum.

California is a community property state. So after the marriage your would be wife will have 50% ownership as per the state law. You need not quitclaim to her.

Feel free to ask if you have any further questions.

Best of luck,
Larry

Guest 0.10 Dollars($)

Larry,
Thanks for the reply. I'm actually looking to retain 100% of the property rights and would not like for her to have any rights to the property as a result of the marriage. So does that mean I should get a quit claim deed prior to the marriage? Thanks again.

-Jer from California

larry · Joined: 27 Jun 2007 Posts: 3328 473.51 Dollars($)

Hi Jer,

Welcome back,

"get a quit claim deed prior to the marriage" - from whom? From your future wife? Now, before the marriage she will not have any rights on that property. It is your property, so she can't quitclaim it to you. a owner can only quitclaim to others.

So after the marriage she can make the quitclaim but for that reason you should consult with an attorney. He will prepare the deed for you and will help you to make the deed valid.

There is an article on quitclaim deed in this site. You can check it out- http://www.mortgagefit.com/quitclaim-deed.html

Hope this will help you. Fell free to ask if you have any further questions.

Best of luck,
Larry

Guest 0.10 Dollars($)

Larry,
Thanks for the quick replies. Anyways, perhaps I'm making this more complicated than it needs to be. Basically, I have a paid-off house that is under my name solely. I am about to get married shortly. *If* I were to get a divorce in the future, I want to keep the house 100%.
So with that being my objective, would I need to go through the "quit claim deed" process with my spouse-to-be (in order for her to waive her rights to the property)? Or is that considered separate property since I owned (and paid off) the house prior to the marriage.

I did some reading/research on this website (not sure how reliable):
legalzoom.com/divorce-guide/community-property-separate-property.html
which differentiates community property vs. separate property. Based on this website's definition, my situation would be considered separate property. Is this your understanding as well? If a property is considered "separate property", does that mean a quit claim deed is not necessary? Thanks again.

-Jer from California

blue · Posted: Wed Dec 26, 2007 3:01 pm Post subject:

Hi,

Welcome to Mortgagefit discussion board.

You are right. This will not be counted as community property as you have ownership before your marriage. So there is no need to a quitclaim deed.

Do let me know if you have any other questions.

Wish you a very happy marriage life.
Blue

Guest 0.10 Dollars($)

Larry/Blue,
Thanks to you both for your input. Happy Holidays.

-Jer from California

larry · Joined: 27 Jun 2007 Posts: 3328 473.51 Dollars($)

Hi Jer,

It is our pleasure Smile

. Feel free to ask if you have any further questions.

Happy Holidays and enjoy yourself.

Thanks,
Larry

lisascherzer · Joined: 04 Jan 2008 Posts: 755 1.03 Dollars($)

Hi Jer,

If you don't want her to have any rights to the property I would have her sign a prenup that spells this out.

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