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Does Quit Claim deed protect my sole ownership of home?

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Oldcrone

New member
What is the name of your state? Colorado

Due to the dissolution of marital assets (money my husband spent on affair partner(s) throughout our marriage of 42 years), my husband signed a quit claim deed, granting me sole ownership of my home last December. There is no mortgage, the house (condominium) was totally paid off last year and has an estimated value of approximately 200K.
After two years of trying to make our marriage work, I have given up.
I want to file for divorce but husband wants to remain married.
He does say that he will honor the quit claim NOW, but I am worried that he will go after the equity out of anger and spite.
Now he says that he wants $30K from me so he can make a down payment for a condo for himself.
I do not have the means to pay him, no savings except joint, and I receive about $1000 a month in social security. He nets (after taxes and insurance) about $3500 a month from his public retirement. He did tentatively agree to pay me $800 per month in support and keep me on the health insurance until I qualify for Medicare in two years. He will keep his new car and I will keep my 10 year old car. He will also keep the joint savings accounts, about $8000 total between the two accounts.
I watch our grandchildren 5 days a week for free so I really can’t go back to work at this time. My son and his wife do not have the financial resources to pay me.
Is a quit claim deed enough for me to keep the house?
If he signs off on the divorce agreement (trying to do this pro se, lack of funds to hire a lawyer unless I absolutely have to), am I protected? Or can he come after me for the equity?
 


Taxing Matters

Overtaxed Member
Did you record it? If it was properly drafted, executed and recorded then the answer is probably yes.
No. Regardless of the title on the home, in a divorce proceeding it is still a marital asset subject to division. The OP wants to ensure she gets awarded the home in the marital settlement or divorce judgment. If he agrees to give her the home in the marital (divorce) settlement, that will ensure she ends up sole owner of it.
 

quincy

Senior Member
Here is a link to Colorado’s law on property division (Colorado Rev.Stat. 14-10-113:
https://codes.findlaw.com/co/title-14-domestic-matters/co-rev-st-sect-14-10-113.html

Excluded as marital property is property acquired by gift, bequest, devise, or descent; property acquired in exchange for property acquired prior to marriage or in exchange for property acquired by gift, bequest, devise, or descent; property acquired by spouse after decree of legal separation; property excluded by valid agreement of parties.
 

not2cleverRed

Obvious Observer
What is the name of your state? Colorado

Due to the dissolution of marital assets (money my husband spent on affair partner(s) throughout our marriage of 42 years), my husband signed a quit claim deed, granting me sole ownership of my home last December. There is no mortgage, the house (condominium) was totally paid off last year and has an estimated value of approximately 200K.
After two years of trying to make our marriage work, I have given up.
I want to file for divorce but husband wants to remain married.
He does say that he will honor the quit claim NOW, but I am worried that he will go after the equity out of anger and spite.
Now he says that he wants $30K from me so he can make a down payment for a condo for himself.
I do not have the means to pay him, no savings except joint, and I receive about $1000 a month in social security. He nets (after taxes and insurance) about $3500 a month from his public retirement. He did tentatively agree to pay me $800 per month in support and keep me on the health insurance until I qualify for Medicare in two years. He will keep his new car and I will keep my 10 year old car. He will also keep the joint savings accounts, about $8000 total between the two accounts.
I watch our grandchildren 5 days a week for free so I really can’t go back to work at this time. My son and his wife do not have the financial resources to pay me.
Is a quit claim deed enough for me to keep the house?
If he signs off on the divorce agreement (trying to do this pro se, lack of funds to hire a lawyer unless I absolutely have to), am I protected? Or can he come after me for the equity?
Documentation of the wasteful dissipation of marital assets will help in the divorce.

I have to ask: if you have been married for 42 years, isn't most of his retirement package based on employment that was during the marriage? I think you should get some of that directly, rather than the $800/month he's offering. 1) Cut the controlling middleman, 2) Protect yourself in case he dies before you.

Don't take legal advice from him, or trust him to keep his word - he has a track record of wanting to have his cake and eat it.
 

LdiJ

Senior Member
What is the name of your state? Colorado

Due to the dissolution of marital assets (money my husband spent on affair partner(s) throughout our marriage of 42 years), my husband signed a quit claim deed, granting me sole ownership of my home last December. There is no mortgage, the house (condominium) was totally paid off last year and has an estimated value of approximately 200K.
After two years of trying to make our marriage work, I have given up.
I want to file for divorce but husband wants to remain married.
He does say that he will honor the quit claim NOW, but I am worried that he will go after the equity out of anger and spite.
Now he says that he wants $30K from me so he can make a down payment for a condo for himself.
I do not have the means to pay him, no savings except joint, and I receive about $1000 a month in social security. He nets (after taxes and insurance) about $3500 a month from his public retirement. He did tentatively agree to pay me $800 per month in support and keep me on the health insurance until I qualify for Medicare in two years. He will keep his new car and I will keep my 10 year old car. He will also keep the joint savings accounts, about $8000 total between the two accounts.
I watch our grandchildren 5 days a week for free so I really can’t go back to work at this time. My son and his wife do not have the financial resources to pay me.
Is a quit claim deed enough for me to keep the house?
If he signs off on the divorce agreement (trying to do this pro se, lack of funds to hire a lawyer unless I absolutely have to), am I protected? Or can he come after me for the equity?
You really need a consult with a local attorney. I realize that you aren't really in the position to afford one, but it would be wiser to at least talk to one and pay for an hour of their time.

One thing that I can tell you is that if he nets $3500.00 a month after taxes and insurance from his pension alone (not considering Social Security for him) that $800.00 a month in alimony to you is potentially way less than he would have to pay if a judge had to decide. Him keeping the new car (assuming that its paid off) and the entire amount of the savings accounts wouldn't fly either with a judge.
 

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