BarbInWire
Junior Member
Grant Deed vs. Quit Claim
What is the name of your state? California
Grant Deed vs. Quit Claim
I did a search of this question and the closest I came was an answer from IAAL in 2001, so I thought I would pose my situation, since it is slightly different (I feel) and maybe things (time) may have changed.
My stbx husband and I married in 1996. In 1998 I purchased a home with my own separate money. (We never had commingled assets.) The loan and deed are in my name alone. I used gifted and inherited money to make down payment. We were told that husband should sign a quitclaim deed right away with all of the other paperwork being done. He did (I thought).
In 2003 we separated. Divorce is still not final. I started looking through mortgage papers today and found that he signed a Grant Deed to me that says my name, "a married woman, as her sole and separate property". I cannot find a quitclaim deed anywhere. I also found a document that said something about "a release of grant of lien against the property" in his name. It is for health care services. All paperwork for the house is in my name.
The house has appreciated in value considerably. He made no mortgage payments, I practically supported him for all the years we were married. He had a job/jobs but our money always remained separate.
1. Is he going to be entitled to any of the appreciation of my house?
2. If so, will it be cut off from the date of separation or will it keep going until the day of divorce?
3. If it goes to the day of divorce instead of separation, why? It seems like debt and the likes get the cutoff of day of separation.
What is the name of your state? California
Grant Deed vs. Quit Claim
I did a search of this question and the closest I came was an answer from IAAL in 2001, so I thought I would pose my situation, since it is slightly different (I feel) and maybe things (time) may have changed.
My stbx husband and I married in 1996. In 1998 I purchased a home with my own separate money. (We never had commingled assets.) The loan and deed are in my name alone. I used gifted and inherited money to make down payment. We were told that husband should sign a quitclaim deed right away with all of the other paperwork being done. He did (I thought).
In 2003 we separated. Divorce is still not final. I started looking through mortgage papers today and found that he signed a Grant Deed to me that says my name, "a married woman, as her sole and separate property". I cannot find a quitclaim deed anywhere. I also found a document that said something about "a release of grant of lien against the property" in his name. It is for health care services. All paperwork for the house is in my name.
The house has appreciated in value considerably. He made no mortgage payments, I practically supported him for all the years we were married. He had a job/jobs but our money always remained separate.
1. Is he going to be entitled to any of the appreciation of my house?
2. If so, will it be cut off from the date of separation or will it keep going until the day of divorce?
3. If it goes to the day of divorce instead of separation, why? It seems like debt and the likes get the cutoff of day of separation.
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