Should this real estate disposition be included in a divorce?
In december 2010 my wife quit claim deeded the house to me. It was notarized and filed with clerk of court same day. She said "I'm leaving you can have everything I don't want the house, I don't want anything." In august. 2011 she returned to florida filed for divorce and is asking for half the house. Since she clearly with sound mind Deeded the house to me and left can she still get half the house? No children involved only personal and real estate Property. She returned and filed for divorce September 2011.
3 attorney answers
If the house was purchased during the marriage, the house is a marital asset and subject to equitable distribution. Even if she quitclaimed the house to you, it is still considered a marital asset. You may have an argument for unequal distribution if she hasn't contributed anything, however the courts typically look at the date of filing, not the date of separation.
You need to discuss this situation with the attorney who is representing you in your divorce. If your wife deeded the property to you without any coercion on your part, the court may determine that the wife's conveyance is a gift to you and that she no longer has any interest in the house. However, marital litigation involving real estate depends on the complete set of facts surrounding the transaction, and every case is unique. Your should not rely on general answers given you on the internate
Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.
She has a right to claim an interest in the house if it was purchased during the marriage or with marital funds. You may have a good claim to reduce any interest she may claim by virtue of your payment of the mortage, taxes, insurance, repairs and or improvements on the property since her departure, however it does not appear the time period is very long.