Pre-Separation General Warranty Deed


#1

My (now ex-)wife and I bought a home in 2003 (mortgage in my name only, deed in both of our names. Ex never paid one cent towards the mortgage). In the summer of 2005, she asked me to have her name taken off the deed (which I thought was strange but didn’t question it); we executed a notarized General Warranty Deed in September 2005 to do just that. We separated in April 2009 (my petition for divorce was signed by the Court in August 2010). Meanwhile, I was awarded the house as a result of a motion for interim ED in May 2010. My question is, by having signed the GWD 5 years before we divorced, did she not sign away her rights to equity in the home?


#2

BTW, remainder of ED (assets, debt, retirement) is set for Summer 2011…


#3

No, the title is not determinative . The home is martial property since it was purchased during the marriage.