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#116517 - 06/16/06 11:41 PM Quit Claim Deed during Marriage
matilda Offline
Pooh-Bah

Registered: 11/11/04
Posts: 2144
This is a question for a friend in the state of California. She has been married for 3 years. She purchased a house prior to marriage, but is still paying for it. She had new husband sign over a quit claim deed and thinks that this will keep him from getting any equity on the house that accumulated during the marriage. He pays her "rent" and money for utiltities. He doesn't have much money left after paying SS to ex. Does he still have claim to her equity earned during the marriage in the event they divorce? I think she needs to get other documents signed such as a post nuptial. Any thoughts?

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#116518 - 06/17/06 01:24 AM Re: Quit Claim Deed during Marriage [Re: matilda]
Gecko Offline
Carpal \'Tunnel

Registered: 06/02/04
Posts: 20602
Loc: Third rock from the sun
She had new husband sign over a quit claim deed and thinks that this will keep him from getting any equity on the house that accumulated during the marriage.

---> If she owned the home BEFORE the marriage, then why is his name on the Deed? I would recommend consulting with attorney on this matter.
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#116519 - 06/17/06 01:53 AM Re: Quit Claim Deed during Marriage [Re: matilda]
almostheaven Offline
Carpal \'Tunnel

Registered: 07/14/04
Posts: 10468
Loc: West Virginia
Most likely he's lost any claim to it. That's what a Quit Claim does. A judge can order her to pay him equity, but that's only if they consider it community property. If she's set up a rental situation on paper, and owned the property prior to marriage, highly unlikely that he'll get anything from it. If anything at all, he'd only get half whatever the judge might deem was paid in during the marriage, not the full value.
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#116520 - 06/17/06 03:21 AM Re: Quit Claim Deed during Marriage [Re: almostheaven]
matilda Offline
Pooh-Bah

Registered: 11/11/04
Posts: 2144
His name is not on the deed. She bought the house just prior to their marriage. In California house appreciation has been substantial. So if she bought the hosue for $300K and now it is worth $500K and it appreciated $200K during the course of their marriage, would a quit claim be sufficient in him waiving any rights to the equity? I wonder since technically the money she earned during the marriage is still community property that she is using to pay the mortgage. I can see where her down payment is safe, but question the equity accumulated during the marriage. I think that a post nuptial would be better. She also isn't protecting her future retirement benefits.

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#116521 - 06/20/06 11:58 PM Re: Quit Claim Deed during Marriage [Re: matilda]
BigEasy Offline
journeyman

Registered: 10/17/05
Posts: 78
GET A LAWYER!

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#116522 - 06/21/06 12:01 AM Re: Quit Claim Deed during Marriage [Re: BigEasy]
BigEasy Offline
journeyman

Registered: 10/17/05
Posts: 78
.... GET A LAWYER!

I had a similar experience in my divorce. In a Community Property State, any community money used to support that property entitles the spouse to reimbursement. This can get really nasty. It's been years, and I still don;t know if I am the sole owner, or if the property is community property.

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#116523 - 08/30/06 04:30 PM Re: Quit Claim Deed during Marriage [Re: BigEasy]
HHLoanOfficer Offline
recently joined

Registered: 08/29/06
Posts: 14
If he is not on the deed he doesn't have a claim to ownership, but that doesn't mean he wouldn't be able to make a claim in a divorce settlement. Especially when he can show he makes payments? I would suggest she connsult an attorney to protect her interest. Sounds a little late for a prenuptial.
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