can a quit claim deed protect my home purchase from my soon to be ex husband?
my husband and I are legally married in California, we are currently separated and i’m not sure if we will get back together. since real state is really cheap in my area i want to buy a home but i’m worried that if we do get a divorce he would want half of it. the mortgage would only be under my name. would a quit claim deed protect me from him going after this asset if we do get a divorce?
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Tagged with: claim deed • divorce • mortgage • Quit Claim Deed
Filed under: Ways To Get An Ex Back
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In CA this is community property. There is no way around it, the rights of spouses are highly protected.
have you filed legal separation papers? if not a quit claim does nothing for you as you are still married. Now California has different laws so seek an atty for advice
I would settle your marital status first. CA is a community property state.
Depends on what you mean by protecting you. The sole purpose of a quit claim deed (QCD) is to transfer or clarify title in situations where something "ambiguous" has occurred in the chain of title. A QCD is typically done after a Decree has been entered in a divorce case, to extinguish any marital interest in real estate. In my state, the judge hearing a divorce case would probably consider factors such as: who paid for the real estate; who is on the loan; who is responsible for maintenance of the property, etc., when deciding who gets the property after a divorce. If you’re able to prove you are the only one who has been involved in a property, the judge might grant you the title to the property in the decree. I would consult an attorney in the state that you want to purchase property and find out the standard case laws surrounding divorces/distribution of property.
It depends upon the situation. If you have not bought a real property yet much better. Because if you will divorced with him now and by the time you will be legally separated he won’t have any right from your property after the date or the effectiveness of the divorce paper. So all I can say is have divorce with him and once it is already effective that will be the time you will purchase a real estate in California.
I think as long as you are already legally divorced and then purchased a house with your own expense then your ex don’t have right for it. It won’t be considered as joint property anymore.
California is a community property state, so there’s nothing that a spouse can do to prevent marital property from being split in half if a divorce ever happens. People who try usually end up paying even more to the former spouse!
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If you’re officially and legally divorced, he has no claim on your property.
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