We are about to close on a home. We do not want it to show up as a liability under his name and are considering having it in my name as my sole property. However, they are requiring him to sign a quit claim deed and I want to know that his interest in the property would still be protected if I die if he has signed the quit claim deed.
When one spouse signs a quit claim deed in favor of the other spouse, it is not necessarily because the signing spouse is disclaiming any interest in the property. There are many reasons why one spouse would sign a quit claim deed in favor of the other spouse. Perhaps the signing spouse has very bad credit and the other spouse would get a loan with better terms. Perhaps the signing spouse do not want his name in public records.
If you want to make sure the real property goes to your surviving spouse, there are ways to achieve that goal.
Even if you do nothing and die without a will, if the real property is community property (because community funds are used to buy and maintain the property), all the community properties go to the surviving spouse when the decedent spouse dies intestate.
You can review the specific facts with your attorney to find out your legal options.
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