Can a husband quit claim deed to family member without his wife’s consent?

UPDATED: Oct 1, 2022

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Can a husband quit claim deed to family member without his wife’s consent?

We filed our signed and notarized common-law marriage affidavit with the courts last week; it displayed the dates. We considered ourselves common-law married for 19 years. I am not listed on the mortgage but have resided at the home for 19 years. His children, who are close to my age do not like me. They have said that I am not his common-law wife. When he became ill nearly 2 years ago, they demanded that he give them Power of Attorney and they drafted a Will stating that the home and all its contents go to them. He out of love for his children he agreed and signed both. I checked the property taxation and assessment system and it revealed that his son as the property owner of the home that I’ve resided in for 19 years. My husband quit claim deeded to his son as grantee 1 year ago but did not inform me. Do I have any legal rights to the home I’ve always considered ours? His children do absolutely nothing pertaining to the home.

Asked on March 17, 2018 under Real Estate Law, Colorado


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Please seek legal help as soon as possible.  What you are looking to do is to set aside the trasnfer of the property.  You need a basis to do so.  If he was ill at the time perhaps there was some undue influence or coerscion but an attorney is who can help you.  The fact that he signed and notarized the affidavit is good, but they will likely try and set that aside for the same reasons.  Good luck.

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