Posted on: 02nd Aug, 2007 10:53 am
My mother-in-law wants to quick claim her house and property over to her son (my husband). She was told she can do it so I ( his wife) will never have interest in it if we should get a divorce. Is this true?
Hi Jo,
If you live in a community property state then even if you do not have ownership of the house at the time of divorce you are entitled to get a share out of property your husband owns.
Miller
If you live in a community property state then even if you do not have ownership of the house at the time of divorce you are entitled to get a share out of property your husband owns.
Miller
In addition to what Miller said, at the time of divorce court will take into consideration your as well as his financial condition and then decide how the property should be divided between both of you.
The court will divide all property in a way that you are able to sustain yourself after divorce.
The court will divide all property in a way that you are able to sustain yourself after divorce.
Jo,
A quitclaim deed does not assure if a spouse would ever have any interest in the property of her ex-spouse after a divorce.
If your husband is in your support, then you may hold joint tenancy to the quitclaimed property along with him. And if your mother-in-law wants you not to claim any interest in the property after the divorce, she cannot do it without your signature on any agreement.
A quitclaim deed does not assure if a spouse would ever have any interest in the property of her ex-spouse after a divorce.
If your husband is in your support, then you may hold joint tenancy to the quitclaimed property along with him. And if your mother-in-law wants you not to claim any interest in the property after the divorce, she cannot do it without your signature on any agreement.