Quit Claim Deed Gives Up Marital Rights To Real Estate

Added May 2, 2008 by Ilyce R. Glink

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Summary: When you get separated one of the spouses may sign a quit claim deed giving up rights to real estate. Because of the quit claim deed, it's less likely that the property will be considered a marital asset by the courts. The signing of the quit claim deed gives the spouse who now owns the property a good case for saying that it belongs only to him or her.

Q: My husband signed a quit claim deed four years ago while living in another state. Now, we're finally getting divorced. I have been paying the mortgage which has been refinanced twice in my name only. Is the house a marital asset?

Please help me. I am so afraid I'm going to lose my home. I live in Massachusetts.

A: If you purchase a piece of real estate while you're married, that property is typically considered part of the marital estate. An exception would be if you purchase property using funds that are excluded from the marital estate, such as an inheritance that you have kept separate from your other assets.

In your case, your husband signed over a quit claim deed, which should have turned over to you any financial interest he had in the property. While this property might have originally been part of the marital estate, you've got a good claim that it no longer is.

That doesn't mean your ex might not try to get a piece of it. You should immediately consult with a divorce attorney who can advise you of your rights, and how to protect your home.

May 2, 2008.

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