Quit claim deed - Tilted Forum Project Discussion Community

Meditrina · 06-26-2009, 10:38 AM

My husband and I will be legally separated soon. We are signing the papers tomorrow. He is leaving the house to me, it says so in the agreement. I was told that I could remove his name from the deed to the house, but I don't *have* to. I can't decide what to do. On the one hand, I want his name off, just in case he screws up financially, then they can't take the house from me. On the other hand, if his name stays on it, and something happens to me, he can move back in with the kids without dealing with tons of legal crap. and the kids would be able to stay here.

If his name remains on the deed, does he have any claim to the house even after signing the agreement that he is leaving it with me?

MSD · 06-26-2009, 10:55 AM

Keep it in your name alone. Maintain a living will in which you leave the house to your children or oldest child and entrust it to their guardian (possibly with a no-sell clause) while maintaining them as the legal owners until they're 18. I suggest talking to a lawyer about what the most straightforward arrangement to that effect would be, as I'm a know-it-all on the Internet and not an expert.

eribrav · 06-26-2009, 03:17 PM

Definitely agree with MSD here.
You're going to be a single woman with 2 kids; you MUST do some estate planning.
The rules will vary by state but you can make the home part of your estate and when you die, have the executor of your will carry out your wishes.
It won't cost too much to have an attorney help you with estate planning and in the long run it's money well spent.

Psycho Dad · 06-26-2009, 03:31 PM

I don't know exactly how it applies in all situations, but had I entered into a joint tenancy with my father his house would have belonged to me without any legal work. A living will won't automatically allow your children to assume the property if something happens to you. And if the ex still has his name on it, it will be a mess. Of course I'm an adult and your children aren't.

The folks at the abstract or title office may give you some ideas too.

This is certaily something you want to get advice from a lawyer for.

Cynthetiq · 06-26-2009, 03:32 PM

I've only used a quit claim on a property with my parents, where it was to be in with me and my mother and my father used a quitclaim to disavow any claim to the property as he would have survivor claim as spouse.

Separate your funds and property now since you've decided to move forward with this. Nothing is more infuriating than having to deal with some thing else years down the line because you left this stone unturned. Turn it and be done with it already. This is especially true today when people seem to give the benefit of the doubt to someone else thinking the best intentions only to find themselves frozen out or robbed of their assets.

Talk to a lawyer about estate planning. Even if you were to use the Suze Orman product, Wills and Trusts, it is better than nothing at all.

jewels · 06-26-2009, 03:45 PM

If he signs the house over to you via the Quit Claim Deed, it's yours. Although I'm not sure if your state will remove his name from the actual deed, the document serves the same legal purpose.

Unless the house is paid for, I'd be more concerned about whose name is on the mortgage loan. Be sure you consider all possibilities and consult with your attorney about how to handle that one. Your bank may or may not let you change the name(s) on it, depending on your incomes and the qualification process you went through.

06-26-2009, 10:38 AM	#1 (permalink)
Meditrina Junkie Location: LI,NY	Quit claim deed My husband and I will be legally separated soon. We are signing the papers tomorrow. He is leaving the house to me, it says so in the agreement. I was told that I could remove his name from the deed to the house, but I don't have to. I can't decide what to do. On the one hand, I want his name off, just in case he screws up financially, then they can't take the house from me. On the other hand, if his name stays on it, and something happens to me, he can move back in with the kids without dealing with tons of legal crap. and the kids would be able to stay here. If his name remains on the deed, does he have any claim to the house even after signing the agreement that he is leaving it with me? __________________ "Toughness is in the soul and spirit, not in muscles." ~Alex Karras

06-26-2009, 03:31 PM	#4 (permalink)
Psycho Dad Mulletproof Location: Some nucking fut house.	I don't know exactly how it applies in all situations, but had I entered into a joint tenancy with my father his house would have belonged to me without any legal work. A living will won't automatically allow your children to assume the property if something happens to you. And if the ex still has his name on it, it will be a mess. Of course I'm an adult and your children aren't. The folks at the abstract or title office may give you some ideas too. This is certaily something you want to get advice from a lawyer for. __________________ Don't always trust the opinions of experts.

06-26-2009, 03:32 PM	#5 (permalink)
Cynthetiq Tilted Cat Head Administrator Location: Manhattan, NY	I've only used a quit claim on a property with my parents, where it was to be in with me and my mother and my father used a quitclaim to disavow any claim to the property as he would have survivor claim as spouse. Separate your funds and property now since you've decided to move forward with this. Nothing is more infuriating than having to deal with some thing else years down the line because you left this stone unturned. Turn it and be done with it already. This is especially true today when people seem to give the benefit of the doubt to someone else thinking the best intentions only to find themselves frozen out or robbed of their assets. Talk to a lawyer about estate planning. Even if you were to use the Suze Orman product, Wills and Trusts, it is better than nothing at all. __________________ I don't care if you are black, white, purple, green, Chinese, Japanese, Korean, hippie, cop, bum, admin, user, English, Irish, French, Catholic, Protestant, Jewish, Buddhist, Muslim, indian, cowboy, tall, short, fat, skinny, emo, punk, mod, rocker, straight, gay, lesbian, jock, nerd, geek, Democrat, Republican, Libertarian, Independent, driver, pedestrian, or bicyclist, either you're an asshole or you're not. What's the best nation in the world? DO-NATION!

06-26-2009, 03:45 PM	#6 (permalink)
jewels Eponymous Location: Central Central Florida	If he signs the house over to you via the Quit Claim Deed, it's yours. Although I'm not sure if your state will remove his name from the actual deed, the document serves the same legal purpose. Unless the house is paid for, I'd be more concerned about whose name is on the mortgage loan. Be sure you consider all possibilities and consult with your attorney about how to handle that one. Your bank may or may not let you change the name(s) on it, depending on your incomes and the qualification process you went through. __________________ We are always more anxious to be distinguished for a talent which we do not possess, than to be praised for the fifteen which we do possess. Mark Twain

06-26-2009, 10:55 AM	#2 (permalink)
MSD The sky calls to us ... Super Moderator Location: CT	Keep it in your name alone. Maintain a living will in which you leave the house to your children or oldest child and entrust it to their guardian (possibly with a no-sell clause) while maintaining them as the legal owners until they're 18. I suggest talking to a lawyer about what the most straightforward arrangement to that effect would be, as I'm a know-it-all on the Internet and not an expert.

06-26-2009, 03:17 PM	#3 (permalink)
eribrav Junkie Location: upstate NY	Definitely agree with MSD here. You're going to be a single woman with 2 kids; you MUST do some estate planning. The rules will vary by state but you can make the home part of your estate and when you die, have the executor of your will carry out your wishes. It won't cost too much to have an attorney help you with estate planning and in the long run it's money well spent.