Posted on November 8, 2010.
Can I Quitclaim deed to a trust in Californiaa Hello, my husband and I own a common good that we had in our Trust.
When we parted, we released the property of the Trust, withdrew his name from the deed, then back into my confidence.
I would also like him to release his interest in the property by signing a deed Quitclaim.
Is it possible then that property is always in my Trust, or should I remove it from the first assignmenta
Go take another look at how you took the title originally. Then look at how the title was taken after your separation. I wonder how that happened as a "trust us" to "MY TRUST" without properly removing one of the parties. If his name is off the act as you say, it is now a Quitclaim is useless in his name no longer on the act. If you try to keep the house when you try to go through a divorce it will be a red flag to the judge to be careful when handling these issues.
A Quitclaim is used when a person or persons are willing to waive all rights and responsibilities to the property in question and must be signed before a notary with an ID. If a person fails or refuses to sign a Quitclaim deed, then the person still has legal rights and responsibilities and may make decisions with the other person as to what plan of action must be taken with the property.
If you're referring to the mortgage that is another story.
Not sure why you need to do something if his name is no longer on the deed and is now in "your" trust. Or is it the same confidence you had with her name on it before, instead of drawing your own confidencea
When my sister broke up with her ex, he got his 401k and she got the house that was fully paid. In particular, she put the house in his own living trust, if her girls could benefit from his ex without being able to get their hands on it. Everything that goes into a trust to beneficiaries of the trust without going through probate, but it is not protected against the creditors of the estate tax or property of any kind. So, if for any reason you owe money to your ex (as if you were supposed to split the equity in the house), a trust would not protect you against this.
In fact, a deed gives just right, it does not waive any requirement or liability. But according to details, it looks like he has no rights to property.
