What are you looking for? 

quit claim prior to marriage?

Author Message
Jer

Guest







0.10 Dollars($)

PostPosted: Wed Dec 26, 2007 12:41 pm    Post subject: quit claim prior to marriage?

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
 
image
Icon Mini Profile larry



Joined: 27 Jun 2007

Posts: 3328



473.51 Dollars($)

PostPosted: Wed Dec 26, 2007 12:50 pm    Post subject:

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
 
image
Jer

Guest







0.10 Dollars($)

PostPosted: Wed Dec 26, 2007 1:43 pm    Post subject:

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
 
image
Icon Mini Profile larry



Joined: 27 Jun 2007

Posts: 3328



473.51 Dollars($)

PostPosted: Wed Dec 26, 2007 1:56 pm    Post subject:

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
 
image
Jer

Guest







0.10 Dollars($)

PostPosted: Wed Dec 26, 2007 2:31 pm    Post subject:

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
 
image
Icon Mini Profile blue
blue


Joined: 21 Oct 2005

Posts: 1138
Location: MARYLAND


137.62 Dollars($)

PostPosted: 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

_________________
Lets help each other. Try my blog
 
image
Jer

Guest







0.10 Dollars($)

PostPosted: Thu Dec 27, 2007 1:26 pm    Post subject:

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

-Jer from California
 
image
Icon Mini Profile larry



Joined: 27 Jun 2007

Posts: 3328



473.51 Dollars($)

PostPosted: Thu Dec 27, 2007 1:33 pm    Post subject:

Hi Jer,

It is our pleasure Smile. Feel free to ask if you have any further questions.

Happy Holidays and enjoy yourself.

Thanks,
Larry
 
image
Icon Mini Profile lisascherzer



Joined: 04 Jan 2008

Posts: 755



1.03 Dollars($)

PostPosted: Sun Jan 20, 2008 7:26 pm    Post subject:

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.

_________________
Lisa Scherzer
Allpointe Mortgage
Expert Mortgage Broker
440-521-7060
Free Mortgage Quotes
Get Mortgage Information
Search Real Estate Agents Here
 
image
Quick Reply
Your Name
Subject
Message body

All times are GMT - 7 Hours
Page 1 of 1

 
Highlights
Helpful References
Mortgage Guide
Mortgage Terms
Mortgage News
Book Center
Shop and Compare lenders
30 Yr. Fixed Vs. 5/1 ARM


Calculators     [View all]
Are you eligible for loan?
How much you can afford?
Calculate monthly payment
Calculate APR


Financial Tools
Credit Repair Tool
Mortgage Planner
Simple Budgeting Tool


Community Rewards
Five simple ways to earn money with the Mortgage Community.

MortgageFit Live Help

Explore the lender near you

Google Map Image

MF Talk

 
About Us  | Contact Us  | Our Blog  | Privacy Policy  | Testimonials  | Website Tools  | RSS Feeds  | Site Map 
We have chosen to apply the Creative Commons Attribution License to all works we publish.
This work is licensed under cc by 2.0