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?
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.
Mat Camp is a former Lexicon Services Online Editor, who focused on providing a comprehensive look into all aspects of the divorce experience. On MensDivorce.com, he concentrated on issues, such as parenting time, custodial rights, mediation, the division of assets, and so much more.
Mr. Camp used the wealth of experience of Cordell & Cordell attorneys to bring tangible answers to reader questions in Ask a Lawyer articles, as well as offer a step by step process through the divorce experience with Cordell & Cordell Co-Founder and Principal Partner Joseph E. Cordell in Divorce 101: A Guide for Men.
Mr. Camp used thorough research to highlight the challenging reality that those who go through divorce or child custody issues face. He helped foster the continued success of the Men’s Divorce Survival Guide, the Men’s Divorce Podcast, and the Men’s Divorce YouTube series “Attorney Bites.”