Question:

I recently discovered my wife intends to quitclaim the deed to our home to her parents.

The house was purchased during the marriage under my wife’s name, though we both pay on the mortgage and I take care of the property maintenance.

Can she quitclaim the deed to our house in order to avoid splitting the property if we divorce?

Answer:

She can do it, but the court can always overrule it.

The property is marital property and is subject to division in the divorce, and there would be nothing enforceable in a quitclaim to make sure you get the value of the home that you are entitled to.

In fact, it can be considered as marital misconduct and the court can consider her misconduct in how they split up the marital assets.

Also, quitclaiming a house can often render the title insurance void. You should look into that. You may also be able to obtain a temporary restraining order to keep her from quitclaiming it.

A quitclaim deed changes ownership, but it doesn’t have any effect on the liability that is associated with the debt.

If your name is on the mortgage and you quitclaim your interest in the property to your spouse, the lender can still come after you for payment even if you no longer own any part of the property.

Remember, I am unable to provide you with anything more than tips on your situation, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, contact Cordell & Cordell.