Legal Question in Real Estate Law in New Jersey

Quit Claim Deed

I'm currently divorced, was only married 8 months and never had my name put on the property for joint ownership. I have never in my entire life owned a home, or signed a deed or mortgage.

Now that I'm divorced my ex wants me to sign a Quit Claim Deed a year or so after our divorce. Why? If I never had ownership on any property why would I need to sign the property over to him?


Asked on 10/21/07, 2:32 am

3 Answers from Attorneys

Salvatore Principato Salvatore Principato, Attorney at Law

Re: Quit Claim Deed

If real or personal property is acquired by either party during the marriage or between the wedding and divorce complaint it is presumed to fall into the catecory of being joint maritial property subject to equitable distribution depending upon various factors that may apply to vary from the presumption such as a gift to one spouse from a parent or inheritance and retained as separate property, But the general rule requires inclusion subject to the few exceptions it is presumed acquired by the parties' joint effort and subject to equitable division meaning you may be entitled to share in the asset despite not actually being on the title documentes especialy regarding the joint occupancy of the principal matrimonial residence.

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Answered on 10/21/07, 5:16 am
Salvatore Principato Salvatore Principato, Attorney at Law

Re: Quit Claim Deed

If real or personal property is acquired by either party during the marriage or between the wedding and divorce complaint it is presumed to fall into the catecory of being joint maritial property subject to equitable distribution depending upon various factors that may apply to vary from the presumption such as a gift to one spouse from a parent or inheritance and retained as separate property, But the general rule requires inclusion subject to the few exceptions it is presumed acquired by the parties' joint effort and subject to equitable division meaning you may be entitled to share in the asset despite not actually being on the title documentes especialy regarding the joint occupancy of the principal matrimonial residence.

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Answered on 10/21/07, 5:16 am
Robert Davies The Davies Law Firm, P.A.

Re: Quit Claim Deed

You got a divorce without an attorney? I hope that you got a fair deal.

There are a couple of reasons why he would want this Quit Claim Deed.

I strongly suggest that if you have something that he wants, that you get a lawyer's advice before you sign off on anything!

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Answered on 10/22/07, 6:54 pm


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