Q: During divorce do I need a quit claim on the house

A: During a divorce, it's generally advisable to address any property interests, including the house, to ensure clarity and protect your interests going forward. Even if your spouse has expressed that she wants nothing to do with the house, obtaining a quitclaim deed can help to formalize her relinquishment of any potential ownership or interest in the property.

Here are some reasons why obtaining a quitclaim deed might be beneficial:

1) Clear Ownership: By obtaining a quitclaim deed from your spouse, you can ensure that there are no future disputes regarding ownership of the house. It effectively removes any potential claims or interests your spouse may have in the property.

2) Simplify Division of Assets: Including the house in the divorce settlement and obtaining a quitclaim deed can help simplify the division of assets during the divorce process. It provides clarity regarding each party's ownership rights and can streamline the property division process.

3) Future Sale or Transfer: If you plan to sell or transfer ownership of the house in the future, having a quitclaim deed from your spouse can facilitate the process. It ensures that you have clear title to the property, which can be important for potential buyers or lenders.

4) Protect Against Future Claims: Even if your spouse has indicated that she wants nothing to do with the house now, circumstances can change in the future. Obtaining a quitclaim deed can protect against any potential future claims or disputes regarding ownership of the property.

Schedule a free consultation to make sure your interest in the property is protected.

A: Typically, as part of your divorce settlement, you would want a Special Warranty Deed to ensure that your wife's surrender of her community property interest is properly recorded in the Deed Records. A quit claim deed is usually used when someone does not have a clear interest in a parcel of real property to clear title in the event of a future transfer. Because you were married when you bought the property, your wife has a clear community property interest in the house and, if you have occupied it with her as your residence, she has homestead rights to the property. The best way of protecting yourself from future claims in this situation is to request that she sign a Special Warranty Deed as part of the division of your marital estate in your pending divorce proceeding.