Quit Claim

What is the name of your state? Nevada

I have been married for 3.5 years. 2 years ago, my husband and I bought a house. Because my credit had a blemish on it, we put it in his name only, so as not to jeopardize our loan approval/interest rate. The escrow company made me sign a quit claim deed. I asked them why, since Nevada is a community property state. They told me that since they do business in states which are not community property states, I had to sign it.

My question is: In the case of a divorce, is half the house mine, regardless of the fact that I signed a quit claim deed? Do I need to quit claim it again in order to have 1/2 interest in the house, or, because Nevada is a community state, it automatically is 1/2 mine and there would be no reason to quit claim it again?

Thanks for your help. I look forward to hearing from you soon.

LMiller said:

What is the name of your state? Nevada

I have been married for 3.5 years. 2 years ago, my husband and I bought a house. Because my credit had a blemish on it, we put it in his name only, so as not to jeopardize our loan approval/interest rate. The escrow company made me sign a quit claim deed. I asked them why, since Nevada is a community property state. They told me that since they do business in states which are not community property states, I had to sign it.

My question is: In the case of a divorce, is half the house mine, regardless of the fact that I signed a quit claim deed? Do I need to quit claim it again in order to have 1/2 interest in the house, or, because Nevada is a community state, it automatically is 1/2 mine and there would be no reason to quit claim it again?

Thanks for your help. I look forward to hearing from you soon.

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The reason that the escrow company had you sign a quit claim deed is precisely because Nevada is a community property state. As a community property you would have a undivided one-half interest in the property--even though the deed were only in his name. The property is used as a collateral to secure the note on the property. Now they wanted to make certain that in the event of foreclosure on the property that they could sell it without having you come back and claim a community property interest in that property. So by the quit claim deed you gave up any interest that you may have had in the property.

So you are saying that I need to re-quit claim the house? Are you an attorney? Just wondering...Thanks for your reply...

What Boxcar said was that you have no interest in the property.

Got it. Thanks.

Ok. If you feel that you were robbed, consult an attorney.

Is there a chance that I could still recoup 1/2 of the house, even after signing a quit claim? We are not divorced, and we may never divorce, however, sometimes I consider divorcing him, and I wanted to get as much info as possible before going forward.

I contribute financially to the household, but I am considering telling him that until he signs a quit claim, turning 1/2 back over to me, I will not contribute. Is this petty and childish? I bought a "do it yourself" quit claim deed form, filled it out, and asked him to sign it. He informed me that I filled it out incorrectly, (which I didn't - I went over it again), and rather than "correct" the form, he refused to sign it. Now I'm thinking that he has no intention of signing it - ever! After we closed on the house, he informed me that we would quit claim it within 3-6 months, but obviously this has not happened...... 90% of the contents of the house were mine prior to the marriage, and I have contributed a ton of time and energy towards improving the house.

What can a lawyer do on my behalf seeing as how I "signed my life away"? I thought once you sign, it's a done deal........Maybe someone can help me out. I sure appreciate the feedback and info. I'm legally uninformed....Thanks again!

The house is his along with half of everything you brought into it that you had prior to marriage. It was stated earlier that yours is a community property state which is exactly why they had you sign. I'm not an attorney but would suggest if you want a divorce you find a good one. This is pretty basic information and standard.