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    mooreinstallation's Avatar
    mooreinstallation Posts: 2, Reputation: 1
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    #1

    May 16, 2007, 06:58 PM
    Quit claim deed
    My wife and I quit deed our house to mother in-law now the title say my wife origanal last name and motherin-laws name also as owner .do I still have interest in said house if were still married?

    My wife and I sign over quit deed to mother in-law which she should be only one on title now when I do propert search it has my mother inlaws name and my wife old name on the title how can this be and if house get sold can I reclaim my interest do to the fact she is still married to me? Or if we get a divore can I get equity or 1/3 of profit from house sell?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    May 16, 2007, 07:05 PM
    If you actually signed the deed over to them, then no not really since the deed says you signed over all your ownerships rights to them.
    If she died depending on the wording of the deed you may inherit, but if the deed is worded you may not if she died.

    NOW... if you transferred this to hide the property, and the debtor found it, not only could they still put a lien on it, as if you owned it, they could try and file fraud charges against all three of you. Esp by using her maiden name was done for that purpose.

    And I would be interested in knowing why you used her maiden name for the deed transfer, ( sounds like you all were or are trying to do something shady.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    May 16, 2007, 07:33 PM
    Only in community property states would you have any chance to part ownership, and in a divorce they would produce the quitclaim deed which wording normally states you are transferring any ownership that you may have in this property to. So if this was done after the marriage, I am not sure which way the family court judge will rule on this, I would say they would rule against the husband, but it would end up in court, since they have a good defense.

    If your mother in law did a new quitclaim adding her daughter, then in a community property state, you would have a claim, but if you just made an error on your transfer it would not.

    You would need to go back and see if there was a new deed done after you did your deed, the date of the deed.

    But these things are why divorce attorneys drive BMW's since they get paid to fight all this in court. No clear answer since there can be all sorts of objections form both sides.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
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    #4

    May 16, 2007, 09:49 PM
    Wait a moment, you said you quit deeded the property to your mother-in-law. So how does your wife's maiden name get on the deed again? Are you sure of what you signed?

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