Florida: will quit claim deed hurt my rights?

[sasha1830]

When my husband and I first separated I signed a quit claim deed, putting the house entirely in his name (like an idiot). He never filed the paperwork with the court, but we did have it notarized (this was almost 2 years ago). He wants to keep the house, I want to sell it. Do I even have a leg to stand on at this point?

[LdiJ]

Originally Posted by sasha1830

When my husband and I first separated I signed a quit claim deed, putting the house entirely in his name (like an idiot). He never filed the paperwork with the court, but we did have it notarized (this was almost 2 years ago). He wants to keep the house, I want to sell it. Do I even have a leg to stand on at this point?

Nope...you don't have a leg to stand on, sorry. He doesn't even have to go through the court on it. All he has to do is file the deed.

[Ohiogal]

Originally Posted by LdiJ

Nope...you don't have a leg to stand on, sorry. He doesn't even have to go through the court on it. All he has to do is file the deed.

They are still married. it is still marital property. Hence she is still entitled to half the portion of the equity that accrued during the marriage.

[tranquility]

They are still married. it is still marital property. Hence she is still entitled to half the portion of the equity that accrued during the marriage.

How so? My understanding of a quit claim is the person relinquishes all rights they have in a property. A court in the divorce, in equity, may give something to make up for the deed. But without a court order specifying it, I'd say the husband has full rights to the house and any equity.

[Ohiogal]

Originally Posted by tranquility

How so? My understanding of a quit claim is the person relinquishes all rights they have in a property. A court in the divorce, in equity, may give something to make up for the deed. But without a court order specifying it, I'd say the husband has full rights to the house and any equity.

I went back and reread the question. She cannot force him to sell the house. However if she petitions for divorce she can ask for her portion of the marital equity.

[lwpat]

You are right about the court order. The OP did not actually say whether they were divorced or still married or whether the deed has actually been recorded.

[LdiJ]

Originally Posted by lwpat

You are right about the court order. The OP did not actually say whether they were divorced or still married or whether the deed has actually been recorded.

He can record it at any time.

[Bali Hai]

Originally Posted by LdiJ

He can record it at any time.

Jesus H. Christ!! That's law 101 and just common sense!!! NOW, let's continue the intersting subjects, ie, equitable distribution and alimony!!!

[sasha1830]

We are still married just living separately. I signed the quit claim, however the financing is still in both of our names although he has been solely making all of the payments since I moved out. Divorce papers have not yet been filed. And thanks for the input so far.

[LdiJ]

Originally Posted by sasha1830

We are still married just living separately. I signed the quit claim, however the financing is still in both of our names although he has been solely making all of the payments since I moved out. Divorce papers have not yet been filed. And thanks for the input so far.

Your only real option is to file for divorce and try to get the judge to order him to refinance the mortgage as part of the divorce/property settlement. You have absolutely no leverage at all to force him to sell the home because you signed a quit claim deed. What in the world were you thinking when you did that?...and why didn't you get legal advice before doing so?

[sasha1830]

Ugh, I was afraid of that. Obviously, I wasn't thinking. I totally signed it in the heat of the moment. Can I at least get my investment back out of the house?

[LdiJ]

Originally Posted by sasha1830

Ugh, I was afraid of that. Obviously, I wasn't thinking. I totally signed it in the heat of the moment. Can I at least get my investment back out of the house?

Consult a local attorney regarding that. My concern would be that the court would consider you to have gifted him your share of the equity by signing a quit claim deed. However OG (who is a family law attorney, just not in your state) feels that you still have a decent shot at getting your share of the equity, so again, consult a local attorney to be certain.

[Ohiogal]

Originally Posted by LdiJ

Consult a local attorney regarding that. My concern would be that the court would consider you to have gifted him your share of the equity by signing a quit claim deed. However OG (who is a family law attorney, just not in your state) feels that you still have a decent shot at getting your share of the equity, so again, consult a local attorney to be certain.

A quit claim deed conveys OWNERSHIP interest -- not necessarily marital interest. Marital interest still exists.

[LdiJ]

Originally Posted by Ohiogal

A quit claim deed conveys OWNERSHIP interest -- not necessarily marital interest. Marital interest still exists.

That makes perfect sense. However I still want her to confirm that with someone local, because her stbx is not going to be happy.

[tranquility]

A quit claim deed conveys OWNERSHIP interest -- not necessarily marital interest. Marital interest still exists.

The black letter law on a quit claim deed is that it conveys a grantor's *complete* interest or claim in real property (but doesn't warrant title).

A court may find the OP has, in equity, the right to fair compensation from the marital estate for the signing of the deed. However, a counter argument in a community property state is a quit claim to a spouse is a written and express transmutation from community to seperate property. So, I guess I'm uncertain about the "necessarily marital interest" at law.