Legal Question in Family Law in Pennsylvania
Quitclaim deed during divorce
I am giong through a divorce. I live in VA and my wife lives in PA now. She signed a quitclaim deed approximately one year ago. The quitclaim has been registered with the court house.The deed is fully in my name and also the mortgage. She has recently filed and stated marital proprety (ie the house).Can she file the house as matrital property after she singed the quitclaim deed?
2 Answers from Attorneys
Re: Quitclaim deed during divorce
She can file whatever she wants but she already gave the house away. She has no ownership interest.
Re: Quitclaim deed during divorce
The question I have is why did she give up her property rights in the house? If it was part of plan to divide property by agreement rather than court decree, not an uncommon occurance.
Now if she wishes to challenge the transfer she has the burden of showing fraud or undue influence.
Is the divorce being filed in Pennsylvania or Virginia? That can make a difference. In Pennsylvania the court sits as a court of equity, that is to say it looks at the facts and law and tries for a fair result. So judges have a fair amount of leeway in coming to decisions. So the facts are what tends to control.
{John}