Legal Question in Family Law in Washington
separate property
Will a house bought as separate property, where the spouse signed a quit claim deed (at closing) and while legally separated, fall under the common property law? Thank you.
Asked on 4/26/07, 10:25 pm
1 Answer from Attorneys
Elizabeth Powell
ELizabeth Powell PS Inc
Re: separate property
The doctrine of community property does not turn on title. The new mortgage may, however, fall under the separate debt provision of a pending divorce or legal separation.
The quit claim is likely your best proof that the spouse who signed it has no interest in the property. Presuming no allegations of fraud or duress.
Hope that helps. Powell
Answered on 4/26/07, 10:33 pm
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