If I quitclaim my interest in our marital home to my wife for asset protection reasons, will I have forfeited my rights to that property in a divorce?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Pennsylvania divorce laws where I am licensed to practice.
Marital property is typically any property you or your spouse acquired sometime on or after the date of your marriage and which was still owned by one or both of the spouses at the time of separation. Items can be considered marital property even if they are titled in the name of only one of the spouses.
Marital property can also include property owned separately by one of the spouses prior to the date of marriage that increased in value during the course of the marriage. Separately held property can also be converted into marital property by transferring title into joint names or commingling with joint assets.
That being said, under my state’s divorce laws, even if you are not on the deed for the marital home, which is marital property, you should still have an interest in that property as it is still marital.
However, the fact that you would actively be signing it over to wife could suggest to the court that you chose to forfeit your interest in the property. You may want to consider memorializing it somewhere formally so it is clear that in the event of the divorce the homestead is marital property subject to division in order to ensure your interest is protected.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with divorce lawyers for men in your jurisdiction.