In california does a quit claim deed protect the owner of the house in the case of a divorce?
ColeenMy house has always been in my name. It was originally as a single woman, sole and separate. When I refinanced, my husband signed a quit claim deed so the title could be changed to married woman, sole and separate. I have made every single house payment myself. My husband and his father keep telling me that if we get divorced, he gets half of the house. Is that true? I thought the whole purpose of a quit claim deed is to protect in such circumstances.
CaronCalifornia is a community property state.
ErickA quit claim deed simply says that a person won't have the right to the asset (you Quit your Claim to it), but retains liability. It doesn't make since that he would sign that at refinancing if it was in your name to begin with.
MilesI believe if the property is yours PRIOR to the marriage and you can prove that YOU have made all the payments on said property and it states it is your SOLE and SEPARATE property then I believe it stays with you in a divorce.
BertaHis possible claim would be that the payments you made after your marriage were from joint assets. In many states, your earnings are community property and the things you buy with community property are also community property.Just another good reason to see a lawyer when you are trying to achieve a legally binding result.