Does A Spouse Have A Right To Property After Signing A Quit Claim Deed?

In California, spouses have equal rights and responsibilities about the marital home and any mortgages that bind it: debts and property. The spouse gives up all rights to the property when he signs a quit claim deed but does not give up any responsibilities for the mortgage.

 

Quitclaim

Property ownership rights are transferred to another person by a quitclaim deed, an important document. In addition to resolving disputes, removing a name from the title, gifting property, and transferring property between family members without selling, you can use it in various circumstances.

A quitclaim deed often occurs when two parties trust each other, such as transferring property between family members. Also, they are helpful when the seller is still determining whether they own the property. Such as when competing claims or unclear title issues may arise.

 

The Quitclaim Deed Process

There is no guarantee regarding the property title transferred with a quitclaim deed. Instead, it simply moves ownership interests from one owner to another.

An individual who wishes to transfer a property to another person is the grantor, who prepares the quitclaim deed. In the process of creating the quitclaim deed, the grantor is required to provide details like:

• The names of the grantor and grantee and addresses
• Descriptions of legality for the properties
• The transfer date.

Nothing is more important than receiving the original signed quitclaim deed from the grantor. The grantor must notarize the quitclaim deed, which will verify the grantor’s identity.

After transferring property ownership, the grantee must file the quitclaim deed at the local county recorder’s office. The quitclaim deed creates a public ownership transfer record and protects the grantee’s interests.

Quitclaim deeds do not guarantee that grantors have clear title to their properties. Therefore, their use is usually limited to situations where the grantor and grantee know each other and have no doubts about their title.

 

Why Quitclaim Deed?

We can prepare a quitclaim deed (after divorce) using the Do-It-Yourself Quitclaim Deed (after divorce) tool. Sign the quitclaim deed before a notary if you give your share of the property to your ex-spouse. We can deliver it by mail, person, or someone else. You or your ex-spouse’s lawyer can hand it over. The office of a court clerk or a bank usually has a notary.

Taxes on real estate transfer transactions in divorce are usually exempt from the county and state. Transfer taxes are due before the quitclaim deed becomes effective unless you agree to a different arrangement.

If you are not keeping the property, we need to cover these taxes by the person not holding it. The Do-It-Yourself Quitclaim Deed tool can help determine if transfer taxes are due. After your ex-spouse signs the deed and delivers it to you, record it in the Register of Deeds. The recording fee is $30.

 

During The Marriage, Quitclaim Deeds Are Signed.

It is crucial to determine the character of the marital residence before starting a California divorce. Because it is one of the most valuable assets in many divorces. A spouse who contributes separate property to the marital residence will receive credit for the amount they contribute to the home if it is community property.

The spouse who owns the place will own 100% of it subject to any reimbursements that belong to the community and any interest acquired by the community during the marriage. Family law attorneys often use recorded deeds to assess the character of the marital residence to determine how a house is titled.

 

California family law principles

According to California family law principles, a home’s title is important when determining whether it is separate or community property. The house will constitute community property if purchased during the marriage, and the parties take the joint title.

 

 

We may consider the home separate property of the spouse who acquired it during marriage and took title to the property in their name. The other spouse may execute an interspousal transfer or quitclaim deed if a home exists in only one spouse’s name.

The title to a home is usually transferred to only one spouse during marriage for many reasons. When the title is held only by the spouse with better credit or no debt. The parties may secure a lower interest rate on the loan needed to purchase the house if the spouse has poor credit or significant debt.

 

The issue may arise when the parties buy a home.

This issue may arise when the parties buy a home or refinance before purchasing one. Surprisingly, a spouse who signs a quitclaim deed or interspousal transfer deed relinquishes a community interest in the house when they divorce. Depending on the spouse’s community interests or reimbursement rights on the title, the house can pass in full to the spouse on the title.

In these cases, there may have been more sinister motives behind the spouse taking title alone rather than obtaining a better loan deal. In divorce, some spouses encourage their partners to execute transfer deeds to gain an advantage. Because the title to a home could impact how the house will appear.

 

The fiduciary relationship between spouses

Marriage creates a fiduciary relationship between spouses that is subject to the law. There is a presumption of undue influence when one spouse secures an advantage over the other in property transactions.

In such cases, the spouse owes the other fair dealing and good faith. Suppose the advantaged spouse has promised to restore joint ownership later. Many different legal principles are necessary for the characterization of real property. If you are divorcing, speak to a family law attorney about the impact of a property transaction with your spouse.

It may impact characterization if you are completing a property transaction with your spouse or have already accomplished one.

 

An In-Depth Look at Marital Property vs. Non-Marital Property

In California, marital and non-marital properties are two different types of property. And even if a spouse’s name is not on a property deed does not necessarily mean they do not have a claim to the property.

The California courts’ division of marital assets depends on whether the couple owns marital or non-marital assets. Former spouses divide marital assets, while the original owner retains non-marital assets.

When determining which property can qualify as marital or non-marital assets, It is the responsibility of the court to assume an equal distribution, except when there is a valid reason for an unequal distribution, such as:

• Assisting with the care and education of children and serving as a homemaker are some of the contributions each spouse makes to their marriage.
• Indicators of the parties’ economic well-being
• Marriage duration
• Interruptions in either party’s career or education
• Involvement of one spouse in the career or education of the other
• Keeping any asset intact and free from claims by third parties, including an interest in a business, corporation, or professional practice, is desirable.
• Whether either spouse contributes to acquiring, enhancing, or producing income, or improvements to marital assets or non-marital assets, or incurs liabilities to either
• If it is reasonable to do so, It is in the child’s and that person’s best interests to keep that marital residence as a place of residence and best for both parties.
• If emancipation is not granted, exclusive possession is terminated by the court with jurisdiction, and the parties can keep the house until the child is an adult.
• A spouse who deliberately wastes, dissipates, drains, or depletes marital assets following filing a petition or within two years of filing.
• Other elements must be considered to ensure the parties receive fair and equal treatment.

 

Legal Mechanisms Protect a Surviving Spouse’s Rights on the Deceased Spouse’s Estate

According to California law, it is not possible to disinherit a spouse unless both spouses sign prenuptial or postnuptial agreements waiving their inheritance rights.

Several legal mechanisms protect a surviving spouse’s rights on the deceased spouse’s estate, regardless of whether both names appear in a Florida deed. As a result of Florida intestacy law, surviving spouses receive a share of the decedent’s estate even if a will is not present.

 

What Is The Purpose Of A Quitclaim Deed In Divorce?

In a California divorce, a quitclaim deed can serve for several reasons:

 

One spouse transfers property to the other.

The most popular use for the quitclaim deed is to transfer the property of a marital home from one spouse to the other. The homeowner may receive a buyout for keeping the house.

 

Dividing property equally

An equitable division of assets involving multiple properties may occur using quitclaim deeds. For example, if one spouse owns a vacation home and the other spouse owns the marital home, the spouse with the vacation home may transfer their ownership interest via a quitclaim deed.

 

Mortgage Obligation Removal for One Spouse

When one spouse takes full ownership of a marital home with a mortgage, they can remove their liability by using a quitclaim deed in conjunction with refinancing the mortgage.

 

Buying out a company

When we receive a purchase price, a quitclaim deed can write to transfer the property to the other spouse.

 

Protecting your property’s title

If the property is to pass to a third party post-divorce, a quitclaim deed can be used by the spouse not involved in the sale to relinquish any interests they may hold.

 

Providing spousal support

Occasionally, a quitclaim deed may serve to satisfy spousal support obligations. Instead of making cash payments, the supporting spouse may transfer property to the recipient spouse.

 

Can A Spouse Claim Property After Signing A Quit Claim Deed?

In a quitclaim deed, the rights of one party pass to another party, called the grantor and grantee, respectively.

As a spouse, you give up your interest in the property when you sign a quitclaim deed. This means that you no longer have a legal right to it. This does not, however, necessarily mean that you have yet to have any requests regarding the property. In the case of marriage or prenuptial agreements, they may still have rights, or there may be other legal considerations.

The grantor can only transfer a clear title to the grantee if he has a clear title. A quitclaim deed only transfers the interest the grantor already has.

 

What Are The Common Misconceptions About Quitclaim Deeds On A Mortgage?

Common misconceptions about quitclaim deeds are as follows:

• Remove the spouse’s name from the title, AND
• This is entirely untrue. Remove the spouse from the mortgage.

The status of an existing mortgage is not affected by a quitclaim deed or transfer of ownership.

When both spouses’ names appear on a mortgage, one spouse transfers the property interest to the other via a quitclaim deed. The transferring spouse remains liable for the mortgage debt.

 

This can be a significant issue.

Both spouses can be liable to the lender even when divorce decrees require one spouse to pay the mortgage. If one spouse does not make the mortgage payments, this could negatively affect both spouses’ credit scores.

Refinancing a mortgage is often necessary to remove your spouse’s mortgage responsibility. It would be necessary for the spouse who keeps the property to qualify for a new mortgage independently and pay off the existing one with that loan. Consult a knowledgeable attorney and possibly a financial advisor for help understanding and navigating these issues during a divorce.

 

My Ex-Spouse Does Not Give Me A Quitclaim Deed. What Should We Do?

You have two options if your ex-spouse did not prepare a quitclaim deed. The judge can order your ex-spouse to qualify a quitclaim deed by filing a motion to enforce the Judgment of Divorce.

The judge may find your ex-spouse contemptible if you file a motion to show cause. They would be fined or jailed for disobeying the judgment if their ex-spouse was in contempt of court.

Alternatively, if your ex-spouse still needs to give you a quitclaim deed, you can record your JOD at the Register of Deeds instead of one. The whole JOD appears in the property transfer records, so it is another way to complete the property transfer.

Some people don’t record their JOD because they want it to be private. Anyone searching for your title can view your entire JOD if you register it instead of a quitclaim deed. To ensure the property transfer takes place, recording your JOD is an option.

 

Bottom Line

An essential aspect of a quitclaim deed is transferring the grantor’s ownership interest to the grantee. A spouse generally gives up their legal rights to the property if they sign such a deed. As local laws and circumstances differ, professional legal advice in your jurisdiction is essential to understand the exact implications.