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Can I resume rights to property?

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Post Posted: Fri Feb 19, 2010 4:11 pm    Post subject: Can I resume rights to property?
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My spouse and I live in AZ, a community property state. When we purchased our home, my credit was poor and I signed a Quit Claim so we could get the mortgage. We have paid for the loan with joint funds for the past 11 years.

My spouse wants to add me back on the property. Does the mortgage company have to agree to this or can my spouse file something to remove the Quit Claim?

What if my spouse dies? Who does the house belong to?
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Niicss




Joined: 03 Oct 2005

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Location: New Jersey
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Post Posted: Mon Feb 22, 2010 3:24 am    Post subject:
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As there would be a change in the property ownership, it's better to inform the lender about it and then add your name to the property deed.

If your name is not on the property deed, then after your spouse's death, you won't be able to claim the property. The property would belong to the all the heirs and everyone would be able to claim their share in the property. Thus, it's better to add your name to the property deed.

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