I just purchased a home and I am married. My husband will be signing a quitclaim deed. Should I do this as being purchased or gifted? I’ve contacted several lawyers for service but no one has gotten back with me.
March 22, 2025
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Good. His interest would usually be considered a gift unless you’re paying him.
Also, the quitclaim deed removes his name from the title, but if you divorce without a written agreement, he could still argue that the property is marital and try to claim equity.
If you’re concerned about protecting your interest, especially in the event of divorce, I recommend also having him sign a waiver of interest or a postnuptial agreement. If you’re separating soon, a separation agreement might also be appropriate.
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I just purchased a home and I am married. My husband will be signing a quitclaim deed.
Should I do this as being purchased or gifted? I’ve contacted several lawyers for service but no one has gotten back with me.
I understand your situation. Have you and your husband discussed the reasons behind him signing a quitclaim deed?
Yes, we have discussed it.
Are there any specific concerns or details regarding the property or your marriage that you believe the lawyer should know about?
No more than that I am the one who solely purchased it and put all of my saved earnings down on it.
Is there anything else the lawyer should know before I connect you? Rest assured, they’ll be able to help with property ownership.
I want full possession of the property.
Is your husband also planning to buy his own home in the future?
Yes, he is. He’s planning to purchase a home one day and I’m going to do the same.
Is he definitely signing the quitclaim deed?
Yes, he’s signing the quitclaim deed.
Would this transfer be considered a gift or a purchase?
Oh, okay. It is gifted, and we are still currently living under the same roof.
Is there anything else I should know to protect myself?
Welcome, and thank you for using JustAnswer. My name is Liz, and I’m the attorney who will be assisting you with your legal question. I know that dealing with the law can be difficult and confusing, so I’m here to help!
To best assist you, is your husband also removing all interest in the property should you divorce or separate? Is he signing a waiver?
Correct — so that he can’t try to claim equity later.
Good. His interest would usually be considered a gift unless you’re paying him.
Also, the quitclaim deed removes his name from the title, but if you divorce without a written agreement, he could still argue that the property is marital and try to claim equity.
If you’re concerned about protecting your interest, especially in the event of divorce, I recommend also having him sign a waiver of interest or a postnuptial agreement. If you’re separating soon, a separation agreement might also be appropriate.
Oh, okay. So that means I would need to also have something in writing where he waives all interest?
Exactly. That extra document strengthens your legal position and helps prevent future claims.
Okay, thank you so much! I just had a ton of bricks off of my shoulders. I couldn’t get any answers or lawyers to call me back.
You’re very welcome! I’m glad I could help. If there’s anything else I can assist with, feel free to ask.
