Hypothetical: Married couple buys house. They divorce. He gives her a quit claim deed. Who owns the house?

Question

Did I mention that he's a snake in the grass? Prior to signing the quit claim deed (which relinquishes any rights he may have to the property), he signed a contract with his brother to sell his brother his 1/2 interest in the home.... now, who owns the house?

Did I mention this is a hypothetical question. Of course she would go to an attorney and not ask for answers on Yahoo if it was real. This question was prompted by my reading of a real question that was similar. (There wasn't the twist of the husband trying to get his 1/2 to someone prior to signing the quit claim that he knew he'd have to sign in divorce court,)

Answer 1

if he gives a quit claim deed and she accepts, then she owns the house. The brother has to sue the husband for damages from him relinquishing his rights to the property to the wife.

Here's a question for you: Is this a community property state and did the husband sign a contract with his brother without his wife's signature? ;)

Regards

Answer 2

The quit claim I don't think it will help you since the other contract was signed when he still had interest in the property..

I believe that his brother now has 1/2 interest in the property if indeed your husband did own half of it before.. that is, if the brother uses his contract.

Is the contract the brother has assignable.. is it limited by time... ?

It would be interesting to find out whether or not the brothers contract will still be good if he didn't execute it prior to the signing of the quit claim- I'm almost sure that his contract will still be good.. others with more experience will know for sure.

What state are you in?


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It goes without saying that neither the contract with the brother nor the quit claim would absolve the husband of his liability or free him from any onbligation... I'd like to know what keeps a married person from selling their interest in a property..... would that not be a state specific issue or is it supposed to be the same in all states?

If the husband has an interest in the property and sells it before signing a quit claim to someone else I don't see how the quit claim could be good. OF COURSE the husband has given up ALL RIGHTS to the property NOW but that's not the question.

Of course he is still responsible for his part of the financial obligations- that's not the question.

Answer 3

This is an interesting question, and I am no lawyer. However, I believe that she owns the house. The signing of the quit claim deed would seem to negate the contract with his brother. Upon signing the quit claim, the snake technically no longer owns the home. Therefore, he cannot sell his brother half or any other portion because he has nothing to sell. I hope she had a great divorce lawyer.

Answer 4

A Quit claim deed passes any interest the signer may have in the real property. It does not imply the grantor has any interest and might not convey any ownership rights at all, it simply releases any claims of the grantor to such rights.

Quitclaim deeds are used most often to remove a "cloud on title." It will not releave the grantor of any responsibilities for any mortgages to which he/she is a party too.

The contract between the brothers is valid between the two of them. However, if the property is sited in a state that establishes rights by time of recording, then if the quitclaim deed was filed first, it may have sqwashed the contract.

Seek competent legal advice from a real estate attorney in your state. If you do not know of any, check out the State Bar site in your state.

Answer 5

The house is his ex-wifes. A quick claim deed only takes his name off the deed. He gave up rights to decide what happens to the house. The mortgage on the house is unchanged. If she defaults then his credit will take a hit as well. They both still owe the money. When you get divorced you should sell the house and divide the equity. Or, you can have whomever wants the house refinance it in their name only!!!!! The contract with his brother is NOT valid. If she was on the loan and the deed, he cannot sell his half without her approval. The same way a business partner can't decide to sell off parts of a company without the cooperation of the other partners.

Answer 6

The quit claim deed gives her all of HIS RIGHTS to the house... but does not dismiss him from any obligations on any mortgage or debt. The quit claim deed needs to be FILED ASAP with your county recorders office. The "contract" to sell is NOT enough to give the brother title.. If the brother did not get a Warranty Deed or Quit Claim deed then the brother has NOTHING ... just a contract that the brother did not perform on. I recommend you contact a real estate attorney ASAP to get this house transferred to you properly so that there is no dispute down the road..

Good luck..

Answer 7

You should never get a quick claim deed from an ex-husband. It should always be a warranty deed.

She owns the property along with the bank. The ex-husband has no rights to the property and he can try and sell it all day long but when it goes to closing, the title company will have to stop the sale.

Answer 8

Talk to a lawyer about this. Could go either way depending on the details of the sale contract, and whether anything was formally filed on the sale to the brother.

Good luck.

Answer 9

She owns the house, and will always own the house because of what was filed first.
However, she is now responsible for the loan, solely.

Answer 10

She does! However, she needs to make sure that the mortgage payment is being made.