Q: Could my husband claim equity in a condo he quitclaim deeds to me if we divorce?

A: To properly protect yourself you would also want a postnuptial agreement making it clear that the property moving forward would be your non-marital asset. Otherwise, if the two of you continue to live in the property together as time passes he may acquire an interest in the equity by virtue of the marriage. Speak with a local family lawyer for more specific advice.

A: You’re smart to think ahead before accepting a quitclaim deed, especially during a marriage without a prenup. If your husband quitclaims the condo to you, it becomes your sole property, at least on paper. However, in a divorce, Florida follows equitable distribution rules, which means the court looks at fairness, not just who holds title.

Even if the deed is in your name, a judge could still consider the circumstances of the transfer. If he argues that the quitclaim was not a true “gift” or was intended as a temporary arrangement, or if he contributed financially after the transfer, he might try to claim an interest in the equity. Your contributions to the home won’t automatically shield it either unless the court sees it as a clear separation of assets with intent.

To protect yourself, make sure the transfer is backed by clear documentation—like a purchase agreement or a signed acknowledgment from him stating that he is transferring all rights without expectation of return. Keep records showing that the home became yours alone and that he no longer contributed. A quitclaim can be powerful, but in a divorce, clarity and paper trails matter more than assumptions.