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  1. #1
    scotct is offline Junior Member
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    Apr 2011
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    Default Title ownership in marital home

    My wife and I are getting divorced, and in the process I will take ownership of the house as part of the property distribution. Currently title in the house is in both our names, "husband and wife as joint tenants". My wife plans to execute a quitclaim deed, and I am requiring that she do so before she can take other liquid assets which she wants as soon as possible. Divorce judgment is not yet signed. My question is this: 1) Is a quitclaim deed the appropriate vehicle for this, or is a different type of deed recommended? and 2) what title should I use at this point. The divorce is not yet final, so it doesn’t seem appropriate to use my name, "as a single man" or "as an unmarried man". At the same time, "a married man as his sole and separate property" will not be accurate in the future, and I am concerned that this may not protect me until the divorce is final. Can I "future date" the title by describing myself as "a single man"? We are separated, lived apart for one year since separation, and have filed for divorce.

    Thank you.

  2. #2
    Attorney Cheri Hobbs's Avatar
    Attorney Cheri Hobbs is offline Super Moderator
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    Default

    This is a very detailed question and it would be wise to meet one on one with an attorney prior to proceeding. I typically recommend to my clients to not execute a Quit Claim Deed until after the Final Judgment of Dissolution of Marriage. If she is willing to proceed with executing this Quit Claim Deed prior to the final judgment hearing then you both can proceed with that avenue.

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