Does Signing a Quit Claim While Married Trump Community Property State Laws

**shannonh** · 07-15-2008, 10:45 PM

My question involves divorce in the State of: WA

early in our marriage, I signed a document that was called a quit claim. I was told by my husband and the title company rep this was to add my name to the deed because the mortgage was in his name alone in order to get a better interest rate.

Now, we are divorcing and I discovered that what I signed actually was waiving my rights to the property but we also live in a community property state....which one is valid?

**LawResearcherMissy** · 07-17-2008, 04:45 AM

It's my understanding that this is common in community property states in order to allow only one spouse to be named on the mortgage loan, and that these are usually reversed immediately after closing.

(Not automatically, you have to file to do so.)

I suggest you speak with an attorney about your situation immediately.

**shannonh** · 07-23-2008, 04:00 PM

I am looking for an attorney -- looking but no luck yet...my husband went around and had "consultations" with all the top divorce lawyers in our area so that now I can't hire them...it's been a nightmare..hoping for some direction here...?

**davidcharles** · 03-28-2009, 02:50 PM

I'm aware this thread is old, but I have an aunt going through the same issue- potentially losing her property because she signed a quitclaim

Basically, unless you can prove that someone was duped into signing a quitclaim- you SOL

Found this story on bankapedia.com about a wife duped into signing a quitclaim - with her husband knowing he was planning on divorcing her a few months later

http://www.bankapedia.com/mortgage-e...quitclaim-deed