Is there a way to override the quitclaim deed that transferred property ownership to my soon-to-be ex-wife?
I recorded it a while ago. The house loan is still under my name, but the house has equity. I’m afraid that once she gets divorced, she can get me out of the house—even though she said she agreed to give me half if I signed the divorce.
I told her if she’s willing to do another deed under both of our names, but she refused and said she wants to do it through the agreement with her lawyer.
What’s the best way to do another deed to protect my house?
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Here are the key points:
- The name on the mortgage loan does not reflect ownership. It only shows who is obligated to pay the loan.
- If the quitclaim deed has been recorded in your wife’s name, that means you no longer legally own an interest in the property.
- Recording a deed now with a backdated date will not override the quitclaim deed that has already been recorded. The first deed that is properly recorded wins in terms of legal effect.
Please note that this is based on real estate law. Since you mentioned divorce, divorce laws might impact property division differently. You should consult a family law/divorce attorney in your state to explore whether your interest in the home could be restored through marital asset division.
I really wish I had better news, but I am ethically required to give you an honest legal assessment.
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Good morning. I just want to ask if I can do a grant deed on my house since I did a quitclaim deed to my wife.
Lexi, Chatbot
Good morning! I understand you're looking to make changes to the deed on your house. Have you already completed a quitclaim deed to transfer ownership to your wife?
Yes.
Lexi, Chatbot
Are you looking to now transfer the property back to yourself through a grant deed?
But if I did the deed with a previous date and recorded it, will it be valid?
Lexi, Chatbot
Is there anything else I should know before advising on the deed transfer?
My wife wants to file for divorce, but I want to know—if I record this deed with a previous date, will it still be valid?
Benjamin
Hello and welcome to AskALawyer. My name is Ben, and I'm a licensed attorney. I’m sorry to read about your uncertainty. Let’s try to address your concerns.
I understand that you signed a quitclaim deed in favor of your wife. Can you clarify what specific outcome you are hoping to achieve by recording another deed with a previous date?
I did a quitclaim deed by mistake to her, but she promised not to file for divorce. Now she changed her mind. That deed was supposed to be between both of us, but I mistakenly did it just under her name.
There’s another form that was filed along with the quitclaim deed—they call it a reconveyance. I’m not sure if I can now do a deed with a previous date before I recorded the quitclaim.
Benjamin
Did your wife record the quitclaim deed?
I recorded it a while ago. The house loan is still under my name, but the house has equity. I’m afraid that once she gets divorced, she can get me out of the house—even though she said she agreed to give me half if I signed the divorce.
I told her if she’s willing to do another deed under both of our names, but she refused and said she wants to do it through the agreement with her lawyer.
What’s the best way to do another deed to protect my house?
Benjamin
Here are the key points:
- The name on the mortgage loan does not reflect ownership. It only shows who is obligated to pay the loan.
- If the quitclaim deed has been recorded in your wife’s name, that means you no longer legally own an interest in the property.
- Recording a deed now with a backdated date will not override the quitclaim deed that has already been recorded. The first deed that is properly recorded wins in terms of legal effect.
Please note that this is based on real estate law. Since you mentioned divorce, divorce laws might impact property division differently. You should consult a family law/divorce attorney in your state to explore whether your interest in the home could be restored through marital asset division.
I really wish I had better news, but I am ethically required to give you an honest legal assessment.
I mean, if I did a deed to someone else with a previous date and recorded it now, would it still be valid—when the house was still under my name?
Benjamin
No, the transfer to someone else would not be valid if it is recorded after the quitclaim deed. The deed that was recorded first takes precedence. Recording a deed after you no longer own the property is ineffective, even if it’s backdated.
I see. Thank you for your advice.
Benjamin
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