WHAT IS A QUIT CLAIM DEED AND SHOULD I SIGN ONE OVER TO MY SPOUSE?

A quick claim deed is actually called a quit claim deed.  A Quit Claim Deed transfers whatever interest or title a grantor may have without warranty.  Even when a quit claim deed is signed, it does not release the person from the loan.

A Quit Claim Deed gives up ownership of your home and associated rights and responsibilities.  It operates to release any interest in a property that a person may have, without a representation that he or she actually has a right in that property.

Couples who are divorcing often use a Quit Claim Deed by one spouse to transfer real property ownership to the other.  A Quit Claim Deed is often executed when the property isn't sold.

Before you sign a Quit Claim Deed during the pendency of your divorce proceedings, you should seek legal advice.  You could potentially be transmuting your community property into your spouse's sole and separate property.

Comments

[LaVina Hunter]

My soon to be ex-husband and I built a house on a piece of property he obtained in his name only, before our marriage. He signed a quit claim deed in 4/07 adding me to title. He filed for divorce in 6/07.He now claims that the property is still his, and the house is ours. Did he sign away his separate property rights and transmute it to community property. Am I entitled to half of the entire place? My lawyer says no and everything I read contradicts her.

[Jeff]

I was married for 8 years prior to filing for divorce. I have been going through a divorce now here in Sacramento County for approximately 20 months. I have been paying spousal support for the entire duration under a temporary order. When everything is settled, will any of this time count towards the overall duration that I have to pay spousal support?

[Keith Haning]

After two years of marriage, I purchased a residence using proceeds from a home I owned prior to marriage. I am being told that the quit claim deed is void and that my soon-to-be ex-wife has a legal right to half of the equity in the property less the initial down payment. How can this be? The quit cliam was signed by her, notoraized and recorded in San Diego County.