do I have any rights on the house if we divorce?
2007-02-13 06:46:39 · 7 answers · asked by Raposo D 1 in Politics & Government ➔ Law & Ethics
By the way, we leave in California. I had to sign the quitclaim because at the time he bought the house, I couldn't be there to sign the papers work, I was oversea.
2007-02-13 08:39:00 · update #1
That's a tricky question and, in part, it depends on the State you both live in.
In general, it also depends on the sequence of the documents. So lets take it from a negative perspective
a) If your state has no community property laws nor 'no fault divorces', then you loose some rights there
b) If you signed the quit claim AFTER you were both the legal owners of the property then you potentially signed away whatever interest you held in the property.
c) If there was no element of duress or coercion involved in your signing the deed.. then, again, you have no recourse there.
BUT... here are some issues....
Having said all of the above take note on the following:
In California, there is the issue of public policy.. that everything in the marriage is a product of the marriage and is jointly owned. A recent State Supreme court ruled that under certain conditions, the transfer of interest in community property went against the public policy of no-fault (ie: divorce) and therefore was not valid. Of course if you are not in California this doesn't mean diddly.
If your quit claim was signed BEFORE you owned the property then you released interest that, at the time, you did not have (which does not invalidate the deed, only that you gave up nothing). Quit Claims are at the 'low' end of transfer documents. They are perfectly vallid, but the only release interest that is owned at the time they are executed. Check the dates if you are not sure.
Why did you sign them? For love and affection is one thing, for business reasons is another, but if it was -- sign or I will divorce you! - or something similiar, then that is duress.
Ok. with all that said.. I work with deeds, 'who own's what?' and law realting to deeds all the time in my professional capacity... BUT I AM NOT A LAWYER... these are issues that you need to discuss with counsel to have a clear understanding as to how they apply to your situation and YOUR state laws, not mine.
BOTTOM LINE: What you read here and in other answers is opinion and guideline only... even Judge Judy would laugh at us.
Go see a lawyer.. it will be a couple of hundred well spent dollars.
/.
2007-02-13 07:06:20 · answer #1 · answered by ca_surveyor 7 · 0⤊ 0⤋
You may have rights to the equity in the house even if you gave up ownership rights. If you live in a state that follows community property laws, the Quitclaim deed only gave up ownership. If the house is mortgaged, you gain an equity interest in the value of the house every month you and your husband make a mortgage payment. The money both of you earn is community property. Even if you do not work, his income is considered 1/2 yours. You will not be able to claim the house, but you can force him to pay you 1/2 of the increased value of the house after you bought it.
2007-02-13 07:18:23 · answer #2 · answered by David M 7 · 0⤊ 0⤋
No, the reason I know is my husband had his ex-wife sign one when they were in the process of their divorce, and she tried to get money from the house for the settlement and they denied that because she signed a quitclaim deed.
2007-02-13 07:01:28 · answer #3 · answered by Vegas 3 · 0⤊ 0⤋
I'm sorry to say this...but NO you do NOT have any rights to the house if the two of you divorce...SINCE YOU SIGNED A QUICKCLAIM DEED. I bought a house when I was married...and when we divorced one of the things I asked to be done..was for him to sign a quickclaim deed so that he would have No rights to my house that I paid for w/ money from settlement from car accident almost 2 yrs before we even met.
2007-02-21 06:22:05 · answer #4 · answered by shaylea29 3 · 0⤊ 0⤋
Is/was your name on the deed to begin with? Did you just quit claim him as an addition? Or did you quit claim the entire deed over to him?
If the first, yes you have rights - at least 50%.
If the second, yes, but you're going to need a really good lawyer.
2007-02-13 06:52:04 · answer #5 · answered by Enchanted 7 · 1⤊ 0⤋
I am assuming her that you signed the QC Document to him, and if that is the case, no you don't have any rights to the house!
2007-02-13 06:50:10 · answer #6 · answered by Anonymous · 0⤊ 0⤋
I think that document is invalid, but see a divorce lawyer.
2007-02-13 06:52:07 · answer #7 · answered by Anonymous · 0⤊ 0⤋