QUESTION

If I have my husband sign a quit deed release, can he try to come after that asset if he contests the divorce?

Asked on Feb 15th, 2013 on Divorce - Delaware
More details to this question:
My husband is an alcoholic and I am contemplating divorce. My Father has recently transferred the deed to his home to my sister and my name.
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7 ANSWERS

Insurance Attorney serving Seattle, WA at James Thomas Saulbury
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In Washington State all property separate and community are before the Court in a dissolution of marriage. The fact that your husband signed a quick claim deed, will help establish to the Court that your father's home is your separate property. Separate property is normally property you brought into the marriage or property you acquired during the marriage by gift or inheritance. As long a community property funds were not spent on your separate property, most likely the court will attempt to return that property to you. I recommend that you talk to a family law attorney to discuss this matter further.
Answered on Feb 21st, 2013 at 10:09 PM

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He can always TRY to come after the asset. You need to get it awarded to you as your sole and separate property in the divorce. It sounds like a gift.
Answered on Feb 20th, 2013 at 12:47 AM

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John Arthur Smitten
You should call an attorney.
Answered on Feb 20th, 2013 at 12:40 AM

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The house is a gift to you and as such is your separate property. It would be easier if you just kept it your separate property by not using any community property on the house. You should consult a family law attorney for advise about how to maintain this separate property asset.
Answered on Feb 20th, 2013 at 12:38 AM

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Mediation Attorney serving Bloomfield, NJ at Cassandra T. Savoy, PC
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Your husband can only seek to equitably distribute assets beneficially acquired during the course of the marriage. He can not obtain gifts or inherited property unless you co-mingle the asset. For example, if you use household money to pay for the upkeep of the gifted property.
Answered on Feb 20th, 2013 at 12:12 AM

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Divorce Attorney serving Winter Garden, FL at Jeffrey A. Conner
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I am not 100% clear on your question. Do you want to have your husband sign a document waiving any interest he may have to your father's home and is your question would such a document prevent him from claiming a share of it in the case of a divorce. The technical answer to your question is yes, he can try to get any asset he wants. The real question is will he succeed. Like with a prenuptial agreement, your husband can contract away any of his rights or anything else to which he may otherwise be entitled. Such a document would be valid and be enforced unless he could prove that he was forced to sign it, signed it under duress or somehow signed it based upon a misrepresentation made by you.
Answered on Feb 19th, 2013 at 10:39 PM

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Estate Planning Attorney serving Wilmington, DE at Reger Rizzo & Darnall, LLP
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Once he signs house over it is your house.
Answered on Feb 19th, 2013 at 10:29 PM

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