Posted on: 12th Sep, 2009 05:09 am
hi, my wife has ran off with another guy. if she signs a quitclaim deed on the family home, can it still be considered marital property in a divorce proceeding? Can the quitclaim deed become invalid if she changes her mind later during the divorce ? since colorado is a community property state
Hi,
If your wife quitclaims the property to someone else, then it will no more be considered as marital property. She will release all her rights to the property and she cannot claim it back. She can get it back only if the grantee signs over the property back to her. Once the quitclaim deed is notarized and recorded, it cannot easily be reversed. Thus, after she quitclaims the property, it will not be easy to prove it invalid in case she changes her mind later.
If your wife quitclaims the property to someone else, then it will no more be considered as marital property. She will release all her rights to the property and she cannot claim it back. She can get it back only if the grantee signs over the property back to her. Once the quitclaim deed is notarized and recorded, it cannot easily be reversed. Thus, after she quitclaims the property, it will not be easy to prove it invalid in case she changes her mind later.
and if she quitclaims it to me ??
Hi Curt,
If your wife quitclaims the property to you, then you would become the sole owner of the property. Change of mind cannot make the property deed invalid. Unless you quitclaim the property back to her, she won't be able to claim ownership of the property.
If your wife quitclaims the property to you, then you would become the sole owner of the property. Change of mind cannot make the property deed invalid. Unless you quitclaim the property back to her, she won't be able to claim ownership of the property.