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Icon Mini Profile tammy



Joined: 22 Mar 2006

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PostPosted: Wed Mar 22, 2006 11:05 am    Post subject: house

My husband is in bad health and the house is in his name. What should I do? Do I need a quit claim or not?
 
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Icon Mini Profile Samantha
Samantha
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Joined: 16 Sep 2005

Posts: 1535
Location: MASSACHUSETTS


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PostPosted: Wed Mar 22, 2006 11:17 am    Post subject:

Hi Tammy,

Welcome to MortgageFit Forums.

It's sad news about your husband. I wish him early recovery and both of you for a long and happy life.

I would like to mention that you that if there is a will and you are mentioned there as heir to the property, then there is no need of any quit claim further.

Actually the States have some laws on how the property is to be divided among the heirs. For instance, if there is both spouse and children, then the spouse will get half the share of the property and if there is only spouse with no children, then spouse inherits the total ownership.

But this is just an example. The law varies from state to state and on the type of ownership and survivors.

You can go for a quit claim to transfer the interest of your husband in your name or just add your name in the property if you feel there can be any trouble in future. But while doing so, you must take the help of an attorney and get the deed notarized.

Feel free to ask if you have any more queries.

God bless you.

For MortgageFit,
Samantha

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stevenson

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0.10 Dollars($)

PostPosted: Wed Mar 22, 2006 11:32 am    Post subject:

Tammy,

I am indeed sorry to hear about your husband. Wish happier times for you and your family soon.

Talk to an attorney and take his suggestions on the quit claim. He can guide you well and since property transfer is a complex matter, so taking his suggestions will always help.

Steve
 
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Icon Mini Profile blue
blue


Joined: 21 Oct 2005

Posts: 1138
Location: MARYLAND


137.64 Dollars($)

PostPosted: Wed Mar 22, 2006 11:42 am    Post subject:

Hi Tammy,

Hope your husband will recover soon. You can go for a quit claim deed and add your name in the deed or transfer your husband's interest in the property in your name.

But if there is a mortgage due on the property, then you must get the lender informed too and explain the situation.

Taking guidance of an attorney in all real estate transfer is very much required to avoid any future trouble.

Regards,
Blue
 
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Icon Mini Profile Bill
Bill


Joined: 21 Mar 2006

Posts: 83
Location: Illinois


3.65 Dollars($)

PostPosted: Thu Mar 23, 2006 2:30 pm    Post subject:

Tammy,

I STRONGLY suggest that you hire a reputable real estate attorney to prepare and file a Quit Claim that at least adds your name to the property deed. This cost is usually around $100.00.

What this does is give you immediate rights to the property. Should your husband's condition worsen, you will not have to go to court to prove rights to the property. This should provide you some peace of mind during these hard times and ultimately save you time, money and aggravation in the future.

Best of Luck!

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Bill Clanton is a Mortgage Specialist and Manager of State Street Mortgage of Illinois. StateStreetMortgage.Net
 
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