Can My Spouse Quitclaim a Share of Our Marital Home to a Relative Without My Consent First?

Whether or not a spouse can Quitclaim marital property to a third party depends upon how the property is currently titled among the owners.
If the property is currently titled as “tenancy by the entirety” (a type of co-ownership), one co-owner is prohibited from transferring his or her interest in the property to a third party without the authorization of the other co-owners.

On the other hand, if a property is held by more than one owner as “tenancy in common” or “joint tenancy,” that property may be freely transferred to third parties. So if one “joint tenant” sells or transfers his or her interest in the property to a third party, the third party becomes a “tenant in common” with the non-selling co-owners. (And if there are more than one “non-selling” owners, these owners would remain joint tenants with each other as well as the newly named co-owner.)

So the current Deed must be reviewed to determine the type of tenancy used to determine an answer to your question.

To easily create a Quitclaim Deed, see Standard Legal’s Deed legal forms software options.