Real estate

[lesast]

What is the name of your state (only U.S. law)? TX

My husband and I own our home outright. We will likely be getting a divorce in the next few years. Is it possible for him to quit claim our home to me while we are still married. Or is there some other way to have the title put solely in my name before we are divorced??

Thanks

 

[ecmst12]

Wouldn't matter, the home would still be marital property until you are divorced.

 

[nextwife]

What is the name of your state (only U.S. law)? TX

My husband and I own our home outright. We will likely be getting a divorce in the next few years. Is it possible for him to quit claim our home to me while we are still married. Or is there some other way to have the title put solely in my name before we are divorced??

Thanks

WHY would husband want to deed away his 50% interest? Is there a second property to which you are deeding away your interest? What are you and he trying to accomplish by doing this?

 

[tranquility]

Not to jump on ecmst12 because there are many posters that make the same mistake here even when the state is posted, but, Texas is a community property state. While I bet the results are the same in a marital property state, a gift can very well be a transmutation from community to separate property. I don't know the specific case law in TX, but in CA there needs to be a specific writing which expresses the intent to transmute.

What that means is that in CA, a quit claim might not change the character of the property. Some cases suggest there needs to be more. I don't know if it's the same in TX, but if the parties want to do this, they should get an attorney (probably two) to advise.

 

[luvrkiddos]

The following advice ONLY applies if this property is your homestead property/hubby has ever resided at the property.

He CANNOT deed his interest to you before a divorce is finalized. Your DV attorney/real estate attorney will need to prepare a General Warranty Deed/Special Warranty Deed to be signed at the time of divorce. This deed will need to be recorded in the real property records of the county where the property is. DO NOT acccept a Quit Claim Deed under any circumstances! If you do, you will have world of problems when you choose to sell or refinance the property. A Quit Claim Deed is nearly impossible for a title company to insure vesting in Texas. In others words, it's worth less than the paper it's written on.