Posted on: 13th Feb, 2007 09:44 am
If my father does a quickclaim deed leaving me with his stuff and I am married. Does my husband have any claims to this property if we were to get a divorce?
Which state are you in? If you live in a community property state he may have a claim depending on some other factors.
I live in Tennessee
hi deberwin,
welcome to mortgagefit forum.
as suomyanonymous said property division at the time of divorce largely depends on whether it is a community property state or not.
tennessee instead of being a community property state is an "equitable distribution state".
as you would be getting the property from your father through a quit claim deed it will be considered as a gift. anything acquired by gift or inheritance is considered as separate property and you would be allowed to keep it.
but if your husband's income is used in making improvements to that property and results in appreciation in its value then it will fall into the category of marital property.
colin
welcome to mortgagefit forum.
as suomyanonymous said property division at the time of divorce largely depends on whether it is a community property state or not.
tennessee instead of being a community property state is an "equitable distribution state".
as you would be getting the property from your father through a quit claim deed it will be considered as a gift. anything acquired by gift or inheritance is considered as separate property and you would be allowed to keep it.
but if your husband's income is used in making improvements to that property and results in appreciation in its value then it will fall into the category of marital property.
colin