Legal Question in Real Estate Law in Missouri

My wife and I are seperated. I am keeping the house, and she wants nothing to do with it. A divorce is in the near future. I just refinanced to lower my mortgage payment. Before the closing the mortgage company drew up a General Warranty Deed and I will be the sole name on the title. My Question: does this general warranty deed give my soon to be ex ANY interest in the property when and if I move and is this safer for me than a quit claim deed as far as making the property out and out mine.

Thanks

Curt


Asked on 10/23/12, 12:50 pm

1 Answer from Attorneys
Anthony Smith LawSmith

Curt,

As your divorce attorney will tell you, the division of property will be based partially on the relative property that youeach own, and the extent of maritla property. You already know that the family home is treated as marital property in most cases. The deed by the wife (warranty or quit claim) just prior to divorce can be altered or used to offset any other property or debt you may have . Since a quit claim deed is selling whatever they own, and a wraanty deed tis transferrin g the same thing, with teh added promise that they own it outright, it won't matter for you. The warranty deed may protect your lender more, so they may insist upon it.

Good luck

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Answered on 10/23/12, 3:21 pm


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