Posted on: 04th Jan, 2008 12:05 pm
Prior to filing for divorce, I quitclaimed a piece of property to my sister. It was notarized at that time. However, she still has not recorded it at the courthouse. Will this piece of property (which was in my name only- given to me by my parents) be considered marital property or will the deed to my sister be valid as of the notarized date.
Hi Madatx,
Welcome to the forum,
If the property is acquired during the marriage period either individually or by couple together, is considered as marital property. So if you acquired the property before the marriage will not be considered as a marital property. So I would like to know whether you got the ownership of that property before your marriage.
Feel free to ask if you have any further questions.
Best of luck,
Larry
Welcome to the forum,
If the property is acquired during the marriage period either individually or by couple together, is considered as marital property. So if you acquired the property before the marriage will not be considered as a marital property. So I would like to know whether you got the ownership of that property before your marriage.
Feel free to ask if you have any further questions.
Best of luck,
Larry
My mother gave me the property as a gift during our marriage. I was told that if it was only in my name and a gift that it was not considered marital property.
Hi Madatx,
Welcome back,
As your mother has given the property to you as a gift during the marriage, it should be considered as a marital property. So I think both you and your husband are the joint owner of the property. You should talk to your divorce attorney.
Feel free to ask if you have any further questions.
Best of luck,
Larry
Welcome back,
As your mother has given the property to you as a gift during the marriage, it should be considered as a marital property. So I think both you and your husband are the joint owner of the property. You should talk to your divorce attorney.
Feel free to ask if you have any further questions.
Best of luck,
Larry
hello madatx,
as far as i know, if you received the property as a gift then that will not be considered as a marital property.
so i don't think the portion of the property which you have given to your sister will be considered as a marital property.
but the quit claim deed has to be recorded at the county recorder's office in order to make that valid.
as far as i know, if you received the property as a gift then that will not be considered as a marital property.
so i don't think the portion of the property which you have given to your sister will be considered as a marital property.
but the quit claim deed has to be recorded at the county recorder's office in order to make that valid.
i have sold property on quit claim deeds and a lawyer told me they are not really safe no banks will recoginize them because there is no back ground check on them as to anyone haveing claims against them. as for martial property it includes everything if you dont have a premartial agreement is what i was told .im from pa dont know if the states are all that differant. there may also be inheritance tax
Hi,
Yes; I agree with your lawyer. I think if you have used a Warranty deed instead of quitclaim deed that would be better for your buyer. A Warranty deed shows that the title of the property is lien free.
Feel free to ask if you have any further questions.
Best of luck,
Larry
Yes; I agree with your lawyer. I think if you have used a Warranty deed instead of quitclaim deed that would be better for your buyer. A Warranty deed shows that the title of the property is lien free.
Feel free to ask if you have any further questions.
Best of luck,
Larry
I believe that it transfers after it is recorded but the courts will see that it was your property and that you signed it over some time ago. I don't think they will make you give you ex out of it but that would be up to the courts.