I Own the House, the Deed, and the Insurance is under my name ONLY. Can I QuitClaim it Legally to my Father without needing my spouse's signature in the state of VA? (Getting Divorced) My Spouse, although didn't put a penny into it, may try to take it from me. The Deed is in my name, but we are married. Can it be done?
2006-10-16 12:37:17 · 8 answers · asked by funnysmartcutegirl 1 in Business & Finance ➔ Renting & Real Estate
NOTE: In many jurisdictions once a Petition for Divorce is filed in the Courts, you are restrained, by order of Court/law, from alienating, or doing anything with what may be construed as community property. Even though you may think something is separate property, your ex to be may have some ither thoughts about it, commingling etc. GET A LAWYER
2006-10-16 13:53:04 · answer #1 · answered by meldorhan 4 · 0⤊ 0⤋
By definition, a "Quit Claim" deed only "quits" the bearer from the deed. If both of you sign a Quit Claim deed, the person who you are trying to deed your home over to will then be able to claim deed to the property.
Your husband, unless he releases his right to the house directly OR the court orders him off the deed, will still have full rights to the property. The law was specifically written to protect him from this very situation.
2006-10-16 12:40:47 · answer #2 · answered by keysfunding 4 · 1⤊ 1⤋
Some states assign dower rights and the spouse must sign the deed even if he/she is not party to the transaction. I believe this is the case in Ohio ......find out from a title company what laws apply to you...
2006-10-17 02:26:05 · answer #3 · answered by boston857 5 · 0⤊ 0⤋
Consult with an attorney. Your spouse may have a claim as part of the marital estate. You may well be able to sell without their signature, but the proceeds could still be part of the marital estate.
2006-10-16 14:10:59 · answer #4 · answered by Bostonian In MO 7 · 0⤊ 0⤋
If VA is cummunity property state....you can...but you could be held accountable for 1/2 the worth of the house still....Better talk to a lawyer quick.
2006-10-16 12:46:18 · answer #5 · answered by Anonymous · 0⤊ 0⤋
If his name is not on the title and not on the loan, it is yours and you can sell it without your husbands signature. Whether his divorce attorney will try to go after the proceeds of the house is another issue.
2016-05-22 07:31:54 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Hate to tell you but you really need to get a lawyer. Here is some information that will help you understands what the lawyer will tell you:
Divorces: http://www.law.cornell.edu/topics/Table_Divorce.htm
State bar Association: http://www.vba.org/
LAWS: http://leg1.state.va.us/000/src.htm
Buena Suerte
2006-10-16 12:59:06 · answer #7 · answered by newmexicorealestateforms 6 · 0⤊ 0⤋
You are better off refusing to sign divorce papers till an agreement is made in mediation.
2006-10-16 12:44:46 · answer #8 · answered by same boat 1 · 0⤊ 0⤋