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.
Workers' Compensation Lawyer
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. www.centralialaw.com
Family Law Attorney
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
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Real Estate Attorney
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.
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