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Quitclaim Deed Question

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EileenB

Member
What is the name of your state? AR
Can a husband legally quitclaim the house to his wife while still married. The house is paid off and I want the house to be quitclaimed to me before the divorce proceedings. Can he legally do it - separate from any property settlement actions?
 


nextwife

Senior Member
He'd be an IDIOT to QC marital property before any divorce proceeding, and before any property settlement. Especially if you both have a 100% equity position!


What exactly is his incentive, legally, to do this?
 
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EileenB

Member
Well, whether he's an idiot or not is not in question :rolleyes: - can he do it? He's says he's willing and will do it - I just want to make sure he's not "pulling one over".

Trust me - there is plenty of reason.
 

LdiJ

Senior Member
EileenB said:
Well, whether he's an idiot or not is not in question :rolleyes: - can he do it? He's says he's willing and will do it - I just want to make sure he's not "pulling one over".

Trust me - there is plenty of reason.
Yes, he can do it. I am not certain that it would totally hold up in the process of divorce...but he certainly can do it.
 

EileenB

Member
Thanks - what part wouldn't hold up? Would he come back and say that it is part of the propert settlement? And that 1/2 of it is considered marital property?
 

dallas702

Senior Member
He must have some unusual motivation for such a move. If you are aware, and don't have a problem with it, he certainly can sign his rights to the home away. But, some states have rules about changing assets within a certain tme period before filing, as does the IRS if it involves getting assets out of one's name before getting screwed...ummm, I mean audited/assessed for taxes due. And, if you are filing jointly you need to be careful...if that is the motivation.
 

dowhatnow

Junior Member
Quitclaim prior to divorce

It is questionable whether he can release his curtesy interest prior to the divorce. See O'Marra v Mackool
 

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