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The "quitclaim" does not establish ownership or automatically create new ownership of the house. The only way to add another name to the ownership deed is to refinance the home mortgage.

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โˆ™ 2009-03-26 15:24:03
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Q: If you own the property free and clear Can you quitclaim deed your house to show both spouses own it before filing chapter 7 Or do you have to leave it in only the original spouses name?
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Related questions

Can you evict a stepmother if the property was given to you by a quitclaim deed through a father?

Maybe, but the law protects the rights of spouses. Your step-mother may have a life estate in the property. You will need to consult a probate attorney and the will to determine what her rights are.


Why is quitclaim deed required?

Quitclaims (sometimes called "quit claims") are a type of property deed that is easy to fill out and file without the help of an attorney. It is often used between spouses, friends and family members for the purpose of transferring ownership of a property and also identifying exactly who the owner of the property is.


Are married spouses entitled to share of property acquired by inheritance by one of the spouses?

In the United States one spouse is not entitled to a share in any property that is inherited by the other as long as the beneficiary keeps the inherited property separate from their marital property.


Which chapter in the afi 36-3026 ip contains information on former spouses?

Chapter 3


Who where Artemis's spouses?

Artemis had no spouses in the original myth, although I heard a myth that said she was the spouse of Apollo.


What is Arkansas law regarding property rights between spouses?

Title 9 Family Law Subtitle 2. Domestic Relations Chapter 11 Marriage Subchapter 5 -- Rights and Property of Married Persons


Can purchasers of farm property which are all in a community property state buy the property thru an llc that is in a non community property state to protect themselves from spouses or future spouses?

That's complicated enough, and the consequences of getting it wrong are severe enough, that you really should consult an attorney.


Is inherited property in Tennessee considered marital property for both spouses?

No, what you inherit is yours and not part of the marriage.


If both spouses own the house but only 1 spouses name is on the deed to the property how is it divided in Virginia?

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Do spouses have to sign deeds in nc?

Any owner of real property must sign a deed in order to transfer title to a new owner. If both spouses own it then both spouses must convey it.


In a divorce situation in Florida should both the husband and wife be grantors on a quit-claim deed when conveying the property to one of the spouses as grantee?

Only the spouse who will not be getting the property needs to be a grantor on the deed. In essence, one of the spouses is surrendering their share of the property over to the other.


Can you sue your spouses mistress?

no, but you can divorce your spouse and take half of their property


Can my spouses' chapter 7 bankruptcy affect my inheritance?

No, unless you both filed a joint BK petition.


In what type of property do both spouses own a one half interest?

Joint tenancy


Is Arizona a Tenancy by the Entirety state?

No, it is a community property state. In a CP state all property acquired during the marriage is considered to be equally owned by both spouses, and in most cases all debts incurred during the marriage are considered to be the equal responsibility of both spouses.


In California can a spouse whose name is on the deed and mortgage sell their house without the other spouse consent?

California is a community property state. Your husband may need your signature to sell his property if it was not titled as "separate property". Property acquired after marriage may become community property depending on the source. If the property was inherited then you may have no claim. However, if the property was purchased then the following passage may apply: "In California, any assets that are acquired during marriage become community property, (i.e., belonging to both spouses), unless they are specifically acquired as separate property. Real property that is conveyed to a married man or woman is considered community property, unless it is stated otherwise. In order for a married individual to acquire title in his or her name only, the spouse must relinquish all right, title and interest to the property. Usually, this is done by executing a Quitclaim Deed to the property, which is recorded concurrently with the deed to the property." You should seek the advice of an attorney.


What are Community Property States?

Community Property States are those states in which all material property is divided equally between the spouses during their divorce. Spouses are required to split all of their belongings, including debt, equally. Anything gained before their marriage or after the separation is not included. There are nine states in the United States that are Community Property States. The Community Property States are: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.


If unmarried does community property exist in CA?

There are nine community property states - Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin. In addition, Puerto Rico is a community property jurisdiction. These states generally regard as community property all property that has been acquired during the marriage, other than a gift or inheritance. Even if one spouse earns all the money to acquire the property, all the property acquired is considered to be community property. While there are a number of differences in each state, all states have special laws that operate on the theory that both spouses contribute equally to the marriage; thus all property acquired during the marriage is the result of the combined efforts of both spouses. In community property jurisdictions, spouses equally own all community property (fifty percent owned by the husband and fifty percent owned by the wife).


Do heirs spouses has to sign the deed to sell estate property?

Laws vary based on the jurisdiction. In most, the spouse has to sign their rights in the property away. This prevents them from clouding title to the property later on.


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Then it is a separate propety state. Under a community property system, all property acquired by either spouse during marriage, with a few exceptions (such as property acquired by gift, inheritance, or devise, or the rents and profits of separate property) is treated as "community property" meaning that each spouse owns an undivided 1/2 interest in it. At divorce, all community property is split 50/50 between the spouses. If the property can't be divided in half (basically any property besides money, including houses, cars, and other tangible property), it will be sold, and the spouses will split the proceeds. In a separate property state, all property acquired by the spouses during marriage belongs to them individually, by default. At divorce, property will be subject to equitable distribution (not the same as "equal" distribution), meaning that a court will divide property in a manner it thinks is fair, considering the financial situation of each spouse, the lifestyle to which they've become accustomed, etc. This may or may not result in a 50/50 split of the property.


Are both spouses responsible for a government lien on a house if only one of their names is on the house?

Both spouses are responsible for the DEBT represented by the lien, but the lien can only attach to the interest of whoever is actually on title to the property.


Do you have rights to your inherited property during a divorce?

If you are divorcing your spouse and the property belongs to your spouses family then no, you have no rights.If the property belongs to your family then a divorce should have no affect to inheriting property


If someone inherits property while married is it considered maritial assets?

Marital property refers to most of the property acquired by spouses during their marriage. However, states vary as to what is considered marital property. Some states exclude inherited property and gifts. You need to check the laws in your jurisdiction.


Is it necessary to have both spouses on property title?

No, but laws in each state differ. A property can be titled for one spouse and not the other. It's best to check with a title company in the state where the property is located. Sometimes, the spouse that has no interest in the property will have to sign a form stating stating this.


Are spouses responsible for the other spouses car accident?

Debt collection can be attempted against joint propertyeven though only 1 person was physically involved in the event that brought about the civil suit / award. Note that various states in the USA have some difference in statutes that deal with collection actions against joint property.