QUESTION

If my wife and I remain married, but she is asking for a quitclaim, what rights do I still have in the event of divorce?

Asked on Feb 14th, 2013 on Divorce - California
More details to this question:
My wife and I have been together 12 years, married 9. In 2003, we purchased a home together. For her own security, because of a rocky marriage, has asked me to quitclaim our property into her name. We are both on the mortgage as of right now. First, can she legally kick me out after the calm is filed. 2, in the event of divorce do I have any rights to the property in a settlement. I'm a 4 year stay at home dad with no income. I want her to feel secure, and so do I.
Report Abuse

5 ANSWERS

Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
Update Your Profile
She wants more than security, she wants everything. It could be argued, I suppose, that even if you quitclaim the property to her it is still community property, but arguments don't always win. Moreover, your mortgage company may not like it either. Why don't you ask her to ask her new boyfriend if he would quitclaim the property to her in a similar situation? That remark may be uncalled for, but security is no good reason to take complete title to the house.
Answered on Feb 18th, 2013 at 11:07 PM

Report Abuse
John Arthur Smitten
Irregardless of who is on the title, the property is a martial asset. No she cannot just kick you out.
Answered on Feb 18th, 2013 at 7:32 PM

Report Abuse
Business Law Attorney serving Mount Pleasant, MI at Office of Michael Hyde PLLC
Update Your Profile
Signing a QCD, once it is registered, will eliminate your ownership of the home. However, it will not excuse from responsibility on the mortgage. Even though the home is marital property per se because you bought it during the marriage, if you quit claim your interest to your wife, you eliminate you interest in the home in case of a divorce. Your grant of the home to her should be balanced on the division of other marital assets, that is, you should get a proportionally larger portion of assets of value acquired during the marriage. But you lose all rights to the home. She cannot evict you from the home since it is your residence that you share. However, once divorce is filed, she can ask the judge to order you to leave since you no longer have an interest in the home, even if the children remain with you. As a stay at home non-wage earner, you are more financially fragile than the wage earning spouse.
Answered on Feb 17th, 2013 at 11:17 PM

Report Abuse
Probate Law Attorney serving Colorado Springs, CO at John E. Kirchner
Update Your Profile
A quitclaim deed is, in effect, a gift of your share of ownership to your wife. Unless you prepare a comprehensive marital agreement that clearly indicates the nature and purpose of this transfer, you won't have any clear answers to what your rights in a future divorce case until that divorce case begins. But, it is probably not a good idea since doing a quitclaim deed, now or as part of a divorce case later, will not release you from liability on the home loan.
Answered on Feb 17th, 2013 at 9:15 PM

Report Abuse
DO NOT SIGN A QUITCLAIM. You potentially give up your rights to your house and make any divorce much much more complex aka expensive. The community would have a right to reimbursement for principal pay down. The quitclaim could have been signed under duress. You will need an attorney to help you get your rights back to the house if you litigate your divorce. You don't work, why put yourself totally at her mercy and at risk.
Answered on Feb 17th, 2013 at 9:02 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters