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.

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.

Divorce is never easy, but we can help. Learn More
Can a Spouse in California Leave an Inheritance to Someone Else?


Related articles

Is a Quitclaim Deed on a House Binding in a Divorce?

Often, a divorcing couple's biggest asset is the home they own together, and this home must be split with their other possessions during their divorce. A divorce court can award the house to one spouse, which often requires the other spouse to sign a quitclaim deed to give his ownership rights to the other spouse. This type of deed is legally binding to transfer ownership, but it does not remove a spouse's name from the mortgage.

What Makes a Will Legal in California?

California state laws contain specific rules for what makes a will legal in the state. California's will laws are laid out in the California Probate Code. Like most states, California requires a will to be signed by the testator, or person who made the will, as well as by two witnesses.

Marital Property Laws in Ohio

Couples who decide to divorce often wonder how their property will be split, or how much say they have in the matter. The answers to these questions depend, in large part, on where you live and the character of the property in question. Ohio is an equitable distribution state, meaning that courts split your marital property in a manner that is intended to be fair and just, based on factors set forth in state law.

Get Divorced Online

Related articles

The Rights in Texas of a Deceased Husband's Second Wife

When a person dies, his surviving spouse is typically the first person entitled to inherit from his estate. In Texas, ...

Joint Tenancy and Divorce in California

All divorcing couples in California should carefully review titles to their real property to determine if it is ...

Idaho Wills & Community Property

In an Idaho divorce, property is divided based on the community property system, in which each spouse gets half of the ...

What Is California Community Property in a Divorce?

California is a “community property” state, which means that property acquired during a marriage by California spouses ...

Browse by category
Ready to Begin? GET STARTED