Quick Claim and Divorce -- siblings, marital assets

[disabled]

My spouse is on a quick claim deed to receive a parent's property should another sibling (who has first dibs) not out live the parent. Is that quick claim right considered a marital asset in my divorce even though it is not yet exercised and may never be should the first sibling outlive the parent.

[AFFA]

I wish to inform you that quick claim is not considered marital property. In this regard marital assets are those assets which are used during assets and quick claim being an asset which may be received by your spouse it cannot be considered a marital property. In case of divorce properties which were used during marriage or which is related to marriage may be divided but separate assets are not divided.

AFF

[Lexus]

A quick claim cannot be treated as a marital asset. A quick claim is an asset which may be gained by your spouse in future. A marital asset is the asset the spouse having at the present time. Marital property is the property related to marriage or acquired before marriage. It is better advised that you may consult with a Family Law Attorney who can give a proper guidance in this regard.

[Friend In Court]

The rule is that an inheritance belongs to the person to whom it is devised (given) and not to the spouse. So even though married an inheritance is not community or marital property but belongs solely to the person who inherited it.

Secondly, there is no such thing as a "quick claim deed". What you are referring to is a "quit" claim deed which conveys whatever interest a person MAY have but does not guarantee anything. The wording on the deed if as you described makes it a questionable instrument in the first place because it is not definite as to whom it would be going . A better way to convey with those kinds of conditions would have been by will.