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Husband signed a quit claim deed when I purchased home, now we are divorcing and he wants the house, is he entitled to the house

Longview, WA |

husband signed quit claim deed so that I was able to get fha loan. we are now divorcing and he wants the house. Is he entitled to the property he quit claimed. also I worked our entire marriage and supported him. I lost my career and am unemployed now. he just received a social security disability back pay for the last 3 years, am I entiled to his large backpay settlement.

Attorney Answers 3


Property purchased during marriage is community. However, if one party signs a quitclaim deed, that is evidence the property may have been intended as separate. The court has significant latitude when dividing property in a "fair and equitable" manner. There are other factors the court will consider like marital/equitable liens for improvements.

Social Security Disability and Settlements depend on whether they were for past lost income or compensation. Also, whether the money was comingled.

I highly recommend you seek counsel to review the specifics of your case.

Peter J. Abbarno practices in the State of Washington; primarily in Thurston, Lewis, and Cowlitz counties. The response is limited to his understanding of law in the jurisdiction in which he practices and not to any other jurisdiction. No response to any posted inquiry shall constitute legal advice, nor the existence of an attorney/client relationship.

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Married couples often have one party sign a quit claim deed so the other party can qualify for a home loan. The courts normally rule that such property is community, regardless of what the deed says. Social Security back pay may or may not be community. It’s always best to consult with a good family law attorney to discuss the details before you act. See my AVVO Legal Guides on division of assets for more information about the legal issues raised by your inquiry. Please keep in mind that although my AVVO Answers and Legal Guides are often informative, they are no substitute for legal advice from an attorney you have retained for consultation or representation. There are always exceptions to the general rules. To find my Legal Guides, click on my photo. On my AVVO home page click on "Contributor Level - View Contributions" or scroll down further and click on "Contribution - Legal Guides." Scroll down the list of my 32 Legal Guides and select the topics relevant to your question. If you like my answer and Legal Guides, please make sure you mark them as “helpful” or “best answer”. © Bruce Clement

©Bruce Clement. This AVVO Answer is provided for general educational purposes only. By using or participating in this site you agree and understand that there is no attorney client relationship between you and the attorney responding, and no attorney-client confidentiality. The law changes frequently, and varies from jurisdiction to jurisdiction. The information provided in this Answer is general in nature and may not apply to the factual circumstances described in your question. The applicable law and the appropriate answer may be different in the State or States where the relevant facts occurred. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.

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I agree with the previous answers. When parties disagree all property community and separate will be considered by the court. If you were not married the quit claim deed would be the end of it , but the property will be the subject of discussion I am certain. All assets will be on the table for the court.
Good Luck

Please be sure to indicate the best answer. If this answer was helpful, please mark as helpful below. Only. If and until you and I sign an Agreement for Legal Services, I am not your attorney. These answers are provided for informational and/or novelty purposes

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