Quit Claim Deed Question
My boyfriend is buying a house here within the next few days. He is still going through a long drawn out divorce. It is not hostile in anyway and his soon to be ex wife agrees to sign a quit claim deed at the time of closing. My boyfriend is also having her sign a document stating that she has no interest in the property/house and it is not an asset that will be used in the divorce proceedings because they are separated. I am concerned, however, as we know some things can change in divorce, will she have any interest in the property or rights to it when she signs the quit claim deed and the paper showing no interest? I am just worried that when we try to build a new home or sell the property that she will have a say in it?
I appreciate any input that will help!
Thanks
Holly 
Yes, having the soon to be Ex wife sign a Quit Claim is the correct way to release any interest in the property to the husband. You might also might want it mentioned in the divorce decree.
Since he is still married when purchasing this house, I’m assuming he is vesting as “a married man as his sole and separate property” when taking title on the deed.
Best of luck
John (LV)
Our Atty. and our title agent tell us that quit claims are highly disputable in court and generally not worth the paper they are writen on, here in TX anyway. I would DEFINATELY caution you to seek legal counsel <IMG SRC="images/forum/smilies/icon_biggrin.gif">
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[ Edited by JohnLocke on Date 07/17/2003 ]
A quit claim deed is proper to use in this instance. Although, not necessary if wordrd properly in the divorce decree. It will be the best way to transfer ownership of this porperty, in a manner that all right, title and interest of ex-wife, in and to the marital home located in whatever county, state is divested out of ex wife and vested in husband as his seperate property.
Thank you all for your reponse to this, it has given me some idea that he will be protected if he has the ex wife sign the quit claim deed, but most importantly is to have it worded correctly in the divorce decree.
Thanks!!!