NJSBA Family Law Section

Does the transfer by quitclaim deed from one spouse to the other effectively waive equitable distribution in that property?

34 year marriage.  H and W separated about 11 years ago (2001). H paid W support until about 2006.

In 2004, H signed a quitclaim deed to W so that she could refinance the home, take money out for repairs, and pay a lien on the property. The lien was from H and sons' family business ($35k). After the refi, H undertook the repairs himself, and other than plumbing and electrical work, which required permits, he did all the work and acted as GC.

After 2006, both parties paid for their own expenses, except that W kept H on her insurance (she's a school teacher).

W files for divorce. H asks for ED of house and W's pension. W says H waived any interest in the house when he signed the quitclaim deed and refuses to give "a dime". H is willing to reduce his interest by any principle pay down or some other method, to reduce his interest. W is unwilling to move off $0. The judge wants to know what the legal authority is for saying that H is entitled to ED.  I rely on Painter, Brandenburg, and ED Statute re marriage end date and the proposition that there is no agreement unless it's written or oral with a complete transfer of all assets.

The Judge was not impressed, and wants to know why the quitclaim deed, that contains a 3B:28-3 (right of joint possession) waiver would not apply to H's ED interest. I have not found any case on point. Does anyone have any advice? 

Does the transfer by quitclaim deed from one spouse to the other effectively waive equitable distribution in that property?

34 year marriage.  H and W separated about 11 years ago (2001). H paid W support until about 2006.

In 2004, H signed a quitclaim deed to W so that she could refinance the home, take money out for repairs, and pay a lien on the property. The lien was from H and sons' family business ($35k). After the refi, H undertook the repairs himself, and other than plumbing and electrical work, which required permits, he did all the work and acted as GC.

After 2006, both parties paid for their own expenses, except that W kept H on her insurance (she's a school teacher).

W files for divorce. H asks for ED of house and W's pension. W says H waived any interest in the house when he signed the quitclaim deed and refuses to give "a dime". H is willing to reduce his interest by any principle pay down or some other method, to reduce his interest. W is unwilling to move off $0. The judge wants to know what the legal authority is for saying that H is entitled to ED.  I rely on Painter, Brandenburg, and ED Statute re marriage end date and the proposition that there is no agreement unless it's written or oral with a complete transfer of all assets.

The Judge was not impressed, and wants to know why the quitclaim deed, that contains a 3B:28-3 (right of joint possession) waiver would not apply to H's ED interest. I have not found any case on point. Does anyone have any advice? 

Does the transfer by quitclaim deed from one spouse to the other effectively waive equitable distribution in that property?

34 year marriage.  H and W separated about 11 years ago (2001). H paid W support until about 2006.

In 2004, H signed a quitclaim deed to W so that she could refinance the home, take money out for repairs, and pay a lien on the property. The lien was from H and sons' family business ($35k). After the refi, H undertook the repairs himself, and other than plumbing and electrical work, which required permits, he did all the work and acted as GC.

After 2006, both parties paid for their own expenses, except that W kept H on her insurance (she's a school teacher).

W files for divorce. H asks for ED of house and W's pension. W says H waived any interest in the house when he signed the quitclaim deed and refuses to give "a dime". H is willing to reduce his interest by any principle pay down or some other method, to reduce his interest. W is unwilling to move off $0. The judge wants to know what the legal authority is for saying that H is entitled to ED.  I rely on Painter, Brandenburg, and ED Statute re marriage end date and the proposition that there is no agreement unless it's written or oral with a complete transfer of all assets.

The Judge was not impressed, and wants to know why the quitclaim deed, that contains a 3B:28-3 (right of joint possession) waiver would not apply to H's ED interest. I have not found any case on point. Does anyone have any advice? 

Does the transfer by quitclaim deed from one spouse to the other effectively waive equitable distribution in that property?

34 year marriage.  H and W separated about 11 years ago (2001). H paid W support until about 2006.

In 2004, H signed a quitclaim deed to W so that she could refinance the home, take money out for repairs, and pay a lien on the property. The lien was from H and sons' family business ($35k). After the refi, H undertook the repairs himself, and other than plumbing and electrical work, which required permits, he did all the work and acted as GC.

After 2006, both parties paid for their own expenses, except that W kept H on her insurance (she's a school teacher).

W files for divorce. H asks for ED of house and W's pension. W says H waived any interest in the house when he signed the quitclaim deed and refuses to give "a dime". H is willing to reduce his interest by any principle pay down or some other method, to reduce his interest. W is unwilling to move off $0. The judge wants to know what the legal authority is for saying that H is entitled to ED.  I rely on Painter, Brandenburg, and ED Statute re marriage end date and the proposition that there is no agreement unless it's written or oral with a complete transfer of all assets.

The Judge was not impressed, and wants to know why the quitclaim deed, that contains a 3B:28-3 (right of joint possession) waiver would not apply to H's ED interest. I have not found any case on point. Does anyone have any advice?