Is ED required with QuitClaim?


#1

I purchased a home in 2005 and my husband signed a QuitClaim which is on file with the Register of Deeds. During this time, I had a 50b on file. We tried to reconcile our marriage after the 50b expired and he moved into the home with the children and I. I never added his name to the mortgage, utilities nor any vehicles that I purchased.

I obtained a 50b for protection against my husband again 07/2008. We have 3 children together and I have established child support via CSE which he does not pay.

When filing for a divorce later this month, am I required to submit an ED considering he signed a Quitclaim, his name was never added to the mortgage and he never paid a mortgage payment?

Thank you in advance for your time and attention in this matter.


#2

The quitclaim deed only had the effect of changing the title to the home unless it contained language which made reference to the equitable distribution laws and was signed and notarized by both of you, the quitclaim was not effective to remove the home from the martial estate.


#3

What are the risks for not filing the ED?

I am afraid that I will have to buy him out if I file the ED. He has always said that he would make it difficult for me. He did not keep a job while living in the house. He currently does not have a job and did not file his taxes because any income he receives will be garnished.

I have been working 2 jobs for many years because of his non support and can’t afford to buy him out of a home that he never spent a dime to purchase or maintain.


#4

If you do not file for ED you will lose your rights to have a court equitably divide your marital property after the divorce is granted. In that event martial property goes by title, which would be advantageous in your particular case as the house is titled to you.