Will a Quit Claim Deed Be Reversed by Divorce in Texas?

By Heather Frances J.D.

Texas allows spouses and others to transfer real estate by quitclaim deed, and spouses often make such transfers when they marry. With a quitclaim deed, the transferring spouse grants ownership or partial ownership of the real estate she owns to her spouse but does not guarantee that she actually owns the real estate. If the couple later divorces, the court can divide the property, but does not reverse the previous quitclaim deed.

Texas allows spouses and others to transfer real estate by quitclaim deed, and spouses often make such transfers when they marry. With a quitclaim deed, the transferring spouse grants ownership or partial ownership of the real estate she owns to her spouse but does not guarantee that she actually owns the real estate. If the couple later divorces, the court can divide the property, but does not reverse the previous quitclaim deed.

Property Division

Texas generally permits spouses to keep their own separate property, which includes property acquired before the marriage or by gift or inheritance. A couple's divorce court could decide the couple's real estate is one spouse's separate property if he owned it prior to their marriage, but could also decide the owning spouse gave half of the property to the other spouse as a gift. Based on its view of the property's character, the divorce court will issue orders regarding the ownership of the property. If the court decides the property should belong only to one spouse, it will likely order the owning spouse to use a quitclaim deed to transfer the property to the other spouse.

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References

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