A quick claim deed is also known as a quit claim deed. A quit claim deed transfers whatever interest or title a grantor may have without warranty. Even when a quit claim deed is signed, it does not release the person from the loan.

A quit claim deed gives up ownership of your home and associated rights and responsibilities. It operates to release any interest in a property that a person may have, without a representation that he or she actually has a right in that property.

Couples who are divorcing often use a quit claim deed by one spouse to transfer real property ownership to the other. A quit claim deed is often executed when the property isn’t sold.

Before you sign a quit claim deed during the pendency of your divorce proceedings, you should seek legal advice. You could potentially be transmuting your community property into your spouse’s sole and separate property.

Many couples choose to live under the same roof while going through a divorce. Other couples choose to live separately. Many couples are under the presumption that because they are going through a divorce, one party must move out. This is not necessarily true. Under certain circumstances, one party can be ordered to move out of the family dwelling. The court may order one party to move out regardless of which party holds legal or equitable title or is the lessee. Before an order may be made, the Court must find that the party who will remain in the home has a right to possession of the premises and that the party who is excluded has assaulted or threatened to assault the other party or a minor child of the parties.

If the Court does not find credible evidence presented, then the parties can both reside in the family residence pending dissolution of the marriage. Although it may be difficult, many couples have and are living through it. It may help to read Steven Sack’s book entitled, “What’s Love Got to Do with It: Legal Guide to Marriage, Divorce, Custody and Living Together.”