Quit Claim Deed - Future Divorce
Scott
yet.
At present, we both agree to a mutual consent divorce.
We now live in a rented apartment. Due to personal reasons, I am
thinking of buying a home very soon. In the state of Illinois, I think
a home purchased during marriage becomes a jointly owned property.
Although at the present time, she agrees to a divorce with out any
property distribution/settlement, I am thinking what if she changes
her mind and contests the case? If she does contest and ask for
`property division, then I would stand to lose a lot (I would buy the
home with my money).
By having her sign a Quit Claim Deed, can I buy the home that would be
owned solely by me (not joint 'community' property)? Or is it that a
Quit Claim Deed can only be signed and executed AFTER the home
purchase? If so, then she can refuse to sign the Quit Claim Deed after
the home purchase, but I have enough trust and belief in her that she
will not refuse to do it.
My only fear is that AFTER we file for divorce, she may get influenced
by her folks and friends and change her mind and contest the divorce
case - seeking property distribution.
By the way, she has not had a job ever since we got married - she was
a 'stay-at-home' type.
Or would a Post-Nuptial be the better way to go?
Please help......
Casey
> By having her sign a Quit Claim Deed, can I buy the home that would be
> owned solely by me (not joint 'community' property)? Or is it that a
> Quit Claim Deed can only be signed and executed AFTER the home
> purchase? If so, then she can refuse to sign the Quit Claim Deed after
> the home purchase, but I have enough trust and belief in her that she
> will not refuse to do it.
She can't file a quit claim giving up any possible rights to you
for a specific piece of real estate until you own the property.
> My only fear is that AFTER we file for divorce, she may get influenced
> by her folks and friends and change her mind and contest the divorce
> case - seeking property distribution.
You need to file for divorce and specifically spell out that the
house will be yours in the divorce agreement. State that she will
file a quit claim deed after your closing. Why are you waiting to
file?
Just my humble opinion. Somebody more informed may have a better
idea.
Casey
"The first rule of holes: if you are in one, stop digging."
Ignoramus3064
answer for sure.
If you go ahead without consulting with a lawyer, you will be the
biggest idiot on this planet.
i
Pamela
"Scott" <sste...@yahoo.com> wrote in message
news:7359dcb2.0305...@posting.google.com...
I purchased a home before our divorce was final. In the divorce papers, I
had noted that the home I was purchasing was purchased soley by me, and that
he had no right to claim ownership to it. The house closed just one month
prior to the divorce being final. Even though the ownership of the house
was clearly stated in the divorce papers, the mortgage company required a
quit claim from my ex in order to prevent any litigation later.
Pamela
Mike (Remove X's to reply)
closing?
Thanks,
Mike
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To reply via email remove the X's from my email address:
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"Pamela" <Pam...@msnot.com> wrote in message
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Pamela
about four weeks before the divorce was considered legally finalized. There
is a 6 month mandatory waiting period in CA after the judge signs the final
papers, but no court hearing is required. Even though I showed the mortgage
company the final papers signed by the judge, they still insisted on a quit
claim. I am glad they did. You never know what could happen. Just make
sure, whatever you do, that the quitclaim is notarized or it doesn't mean
anything. Of course, I think one must have an actual house to get a
quitclaim.
Pamela
"Mike (Remove X's to reply)" <aXeXn...@gwis.com> wrote in message
news:vcofqul...@corp.supernews.com...
Suzanne
> *After* the final divorce hearing, right *at* the closing of the house, but
> about four weeks before the divorce was considered legally finalized. There
> is a 6 month mandatory waiting period in CA after the judge signs the final
> papers, but no court hearing is required. Even though I showed the mortgage
> company the final papers signed by the judge, they still insisted on a quit
> claim. I am glad they did. You never know what could happen. Just make
> sure, whatever you do, that the quitclaim is notarized or it doesn't mean
> anything. Of course, I think one must have an actual house to get a
> quitclaim.
You do. It has to be recorded after the original deed. Notarization
isn't the only thing that needs to be done. It _has_ to be recorded in
your county, or it isn't valid.
--
Suzanne
Outside of a dog, a book is man's best friend. Inside of a dog it's too
dark to read.
--Groucho Marx (1890 - 1977)
Pamela
Pamela
"Suzanne" <smbho...@cox.netnever> wrote in message
news:k2Yya.120264$3n5.1...@news2.central.cox.net...
Suzanne
Right. This something that the title company should take care of.
Roger B.
Unless local law provides otherwise, Quiclaim Deeds do not
cover after acquired property. All they do is release whatever
interest the signer may have at the time of its execution.
A Warranty Deed (even if only a "Special Warranty Deed"
which warrants title but not that is free and clear) is, however,
sufficient to convey after acquired property because it is more
than a release, it is the actual conveyance of an interest.
However, it is understandable that someone who does not have
title would be reluctant to sign a deed warranting title. So, you
should consult a local real estate attorney on this matter, but
IMHO, a signed and witnessed written agreement as to this
issue would do more to protect you. [Rog']
Pamela
claiming any interest in the property. Having signed it he was precluded
from doing this. His name was never on the deed. We were just making sure
it never could be. I asked about a signed, notarized agreement, but that
would not hold. Only a quit claim could protect me in a community property
state, even though we had been separated for almost ten years, had no mutual
assets, and according to CA law anything we had acquired post the separation
was separate property. This according to the attorney's.
Pamela
"Roger B." <rcblin...@bellsouth.net> wrote in message
news:Hqbza.5944$V6....@fe03.atl2.webusenet.com...