Let’s assume that, prior to the marriage, John solely owned a home with a mortgage that only he was liable for. After John married Nancy, he had a quitclaim deed prepared by an attorney, and signed over the house to himself and Nancy jointly. The mortgage remained unchanged. Ten years later, John seeks a divorce from Nancy. The question of whether or not the home and mortgage are now a marital asset/debt presents a mixed question of law and fact to the court.
When a home is re-deeded to both spouses during the term of the marriage, the law presumes that a gift of the home was intended, so the home is now considered marital. That presumption can be overcome with evidence that a gift was not intended, and the fact that the mortgage was never converted or re-financed in both names is some evidence that might overcome the presumption. This is an unfortunate but typical example that illustrates why there is so much uncertainty in divorce, and why divorces can become very protracted.