QUESTION
What are my husband's claims to the property on deed once we get divorced?
Asked on Oct 15th, 2013 on Divorce - Washington
More details to this question:
The deed (the house we're staying at) stated myself as "a married woman and her sole separate property", etc. No quit claim obtained from my husband then. I've added my son's name (only) to the deed (grant deed) 5 years ago. I recently found out my husband has an affair. If I do a "gift or quitclaim" deed on the property to my daughter alone, and my husband and I get a divorce, can my husband lay claim to the property at the time of our separation , or when my daughter sells the house in the future?
4 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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He may have a claim for one half of the community property that was used to improve the house or to pay the principle. If you deed your remaining half to your daughter, you have no more right to live there.
Answered on Oct 16th, 2013 at 10:28 AM
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You will want to visit with a lawyer and provide more information. It depends on whether the house was yours before marriage, whether you both paid on the home, etc. A lawyer can get specific information from you and explain your rights and responsibilities if you divorce.
Answered on Oct 16th, 2013 at 1:42 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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This question is too complex for this forum. it would appear you might be able to transfer the property but I would need the details before I could offer firm advise.
Answered on Oct 15th, 2013 at 4:43 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Your husband has an equitable interest in the property if any part of the mortgage was paid during the marriage. If you quitclaim it to your daughter now, it would be construed as fraud for the purpose of depriving him of his equitable share. This is a no fault state. His affair has nothing to do with the property division.
Answered on Oct 15th, 2013 at 4:39 PM