Legal Question in Real Estate Law in New Jersey

Quit Claim Deed

There is no such thing as a "Quick" Claim Deed; you are referring to a Quit Claim Deed which transfers any interest of the person signing to the Grantee, or person receiving the interest. However, I do not recommend it in your case at this point. The dissolution of a marriage, especially with kids, is very complicated. Trying to resolve one issue, without dealing with the whole package of issues, may put one or the other party at an extreme disadvantage and may be inherently unfair. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you may want to contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be

able to rely on the advice. If you call me, [856-546-8010] mention Law Guru and your first one hour consultation will be free. Good luck! Rob Gleaner

Re: Can I Use a ''Quick Claim Deed?''

Marital rights are created in the marital home by statute. In a divorce situation, the home is covered by equitable distribution, independent of issues of child support and/or alimony. However, frequently the parties resolve the child support/alimony issues through division of property. So, if one spouse renounces their marital interest in the home, this could be considered as having been done for waiver of child support obligations. I strongly recommend that you have a written Property Settlement Agreement that cover all details: the house, child support, alimony, other asset division, pensions, health insurance coverages (spouse and children), medical and related care, etc. This is best done by an attorney familiar with the issues and what should be covered. The agreement shuold be binding in the event of a future divorce, and should also cover the issues of who claims the children on tax returns and responsibility for any deficiencies in prior tax returns, if you have filed jointly. The Quit Claim Deed will work, in part, but does not resolve all issues that should be considered.