Legal Question in Real Estate Law in Washington

Re: using quitclaim deed in separation

I agree that consultation with a bankruptcy attorney would be a good idea for you. I disagree that the date of transfer of the property needs to dated as of the separation. It can be before or after pursuant to an agreement of legal separation or to establish sole and separate property without the separation and/or subsequent dissolution.

You should also understand that a quitclaim deed only transfers any rights that your husband may have in the property and does not provide any warranty that he has not transferred or encumbered his rights prior to quitclaiming his interest to you.

With the concerns you have articulated you should seek further assistance from an attorney.

Re: using quitclaim deed in separation

There is no waiting period for a legal separation so long as you both agree that this is what you want.

The separation date will establish when the property became yours solely.

You are correct about the quit claim deed. That is what you use. There is also a real estate excise tax affidavit form and there is an exemption for property passing between spouses, so you will not owe real estate taxes on this transaction.

As your lender (friend) is OK with this, be sure to get that approval in writing.

Removing his name from the deed is not the same as removing it from the mortgage.

The issue about whether creditors will come after you is not as simple. If he takes a bankruptcy they can; if YOU take a bankruptcy they cannot.

Be sure to have a consult with a local bankruptcy practicioner; Pat Morrissey in Okanogan does these. Talk to him. Explain what you are doing and why.

If you think about it it makes sense that married persons would never get credit if the risk was that the creditor would not be paid if the parties divorce or separate.

Hope this helps. Elizabeth Powell