My soon to be ex husband has agreed to quit claim the house to me before the final judgement (orange county, California). We are only a couple of months into this process since i filed the divorce petition. He has not been able to pay child support or spousal support because he lost his job and we are in danger of foreclosure. He is doing this so I can facilitate a settlement with the second Lien holder using funds that won't be available to me if he is still on title. I was going to use the interspousal transfer form instead of the quit claim form. No current equity in the home. I don't want him to be able to come back later and claim rights to the property or equity if value goes up and I choose to sell it. Does a standard quit claim protect me more than an interspousal tranfer?
I use a quitclaim deed in almost all cases since there is a place to notate that the transfer is incident to a divorce (so it does not get reassessed). An interspousal transfer deed makes that clear without having to notate it. I also mainly use interspousal transfer deeds when there is a written agreement. I use a quitclaim when there is no marital settlement agreement.
Michael is in San Jose, California and can be reached at 408-295-4232 or at [email protected] Consultation fees, rates and retainers vary based on need and ability to pay.
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