What are my rights if added to a quitclaim deed?

Full question:

My husband is buying a house with his down payment and credit. There are trust issues. He is talking about adding me to the property using a quitclaim deed. What are my rights and limitations? (in case of divorce or death )

• Category: Real Property
• Subcategory: Deeds
• Date: 04/07/2025
• State: Colorado

Answer:

If you are added to the deed, you will have joint ownership rights to the property. Typically, married couples are joint tenants with right of survivorship, meaning the surviving spouse automatically inherits the deceased spouse's share. However, if you are named as tenants in common, your husband could leave his share to someone else in his will.

Joint tenancy allows two or more individuals to own property together, with the right of survivorship. This means that when one joint tenant dies, the other automatically becomes the sole owner. State laws govern how joint tenancies are created. Joint tenancy property avoids probate, but it can be severed, making it part of one person's estate.

Tenancy by the entirety is a special form of joint tenancy for married couples, which may have different rules regarding ownership and tax treatment. In some states, you must specify in the deed that the property is held as tenants by the entirety, while in others, it is presumed for married couples unless stated otherwise.

Tenants in common have undivided interests in the property, meaning they can use the entire property, but their ownership shares might be unequal. There is no right of survivorship, so if a tenant in common dies, their share must go through probate to be transferred.

In divorce, owning property strengthens your position in asset division. Colorado follows equitable distribution, meaning the court divides marital property fairly based on several factors, including each spouse's contributions and economic circumstances at the time of distribution.