My Wife And I Signed A Quick Claim Deed In The Purchase Of Our House During Our Marriage, Is It My Separate Property?
Jason is in the process of getting a divorce. He states that they have no joint bank accounts and the only thing that they have together is a home that they purchased during the marriage. However, the wife signed over a quit claim deed recently to him. He wants to know if the house belongs to him and him only and if it will be considered his separate property or does he have to share any of the equity to the house.
As I explained to Jason, the answer to this question is that this is a very misunderstood area of law. Nevada is a community property state; therefore, anything acquired during the marriage, whether its assets such as a home, or debts such as credit cards are considered community property. And upon a divorce, the judges will begin by attempting to divide these assets and debts evenly.
The matter of the house, having a quit claim deed signed from one spouse to the other is a point of contention in many divorces. The courts will look at a quit claim deed to see whether or not the intentions of the party were really true to give that interest to the other party. Oftentimes, the courts will not look at a quit claim deed as an intention of one party to give up the rights to the property to the other spouse, it depends on the case.
It depends on whether or not there was a prenuptial agreement, a postnuptial agreement, or what the party’s intentions really were. We have to look at that through the facts of the case, but I can tell you that many, many times a quick claim deed is signed over from one spouse to the other, given that one spouse the right to the property is oftentimes not looked at favorably by the court or granted by the court. The court does look at the fact that Nevada is a community property state and therefore anything obtained during the marriage will be subject to equitable division.
I hope this answers your question, Jason.
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