Mortgage Forums Arrow Image Deeds, Property Transfer and Estate Planning Forum

Which is better - Interspousal Transfer or Quit Claim Deed?

Author Message
Tina Marie


Guest




Post     Post subject: Quit Claim Deed

I recently got married. My husband purchased property previous to our marriage. He is now requesting that I quit claim his properties and the documents claim that I "forever" release myself from these properties. He states that he will not be able to make any type of transactions without my signature. What does this all mean? It is to my inderstanding that he now needs my signature on his properties since we are now married.
Mini Profile  Caron

Caron
Moderator

Joined: 19 Jul 2005
Posts: 1562
Location: florida
266.54 Dollars($)
Post     Post subject: RE: spouse quitclaim interest

Hi Tina,

Welcome to our forums.

If your husband states that he will not be able to do any transaction without your signature then I don't understand why he's asking you to release your interest in property.

For any property related transaction, your signature will be needed only if you are on the title. But what your husband is saying and what he's asking you to do is totally contradictory. By the way, do you stay in a community property? what is the name of your state? and moreover, is your name on the title?

In case of community property, spouse does not have interest in property which is acquired before marriage.

_________________
Mortgage Shopping made easy with booklet
TAM


Guest




Post     Post subject: QUIT CLAIM

If you signed a quit claim form, will you have entitlment to your share of intrest in the property if your name is still on the home owners insurance?
Mini Profile  larry




Joined: 27 Jun 2007
Posts: 3328

474.44 Dollars($)
Post     Post subject:

Hi TAM,

Welcome to the forum.

It actually depends on how you structure the deed. If you quitclaim to you and someone else then you will have an interest on that property. That means you are signing the deed as a grantor and the grantee is you and someone else. This is done primarily to add someone in the deed.

But if you quitclaim only to someone else then you will have no interest on that property even if your name is still on the home owners insurance.

Hope it is clear to you.

Feel free to ask if you have any further questions.

Best of luck,
Larry
fred


Guest




Post     Post subject: confused

i'm divorced,and my ex is going to sell the house. but wants me and my present wife to sign a quit claim deed. if i sign this do i give up all right to the property
Mini Profile  larry




Joined: 27 Jun 2007
Posts: 3328

474.44 Dollars($)
Post     Post subject:

Hi fred,

Welcome to the forum.

If you quitclaim the property to your ex that means you have transferred the property to your ex.

BTW is it a mortgaged property? If so then ask her to refinance the mortgage on her name only. Otherwise you will still be on the mortgage and after the sale if there is any due on the mortgage you will also be responsible for that.

Feel free to ask if you have any further questions.

Best of luck,
Larry
 Previous  1 2 3 4 5 6
Page 6 of 6

 
Ask Questions
Community Attorney
Joshua Heard - Attorney Joshua Heard
Houston, Texas






Highlights
Helpful References
Mortgage Guide
Mortgage Terms
Mortgage News
Book Center
Shop and Compare lenders
30 Yr. Fixed Vs. 5/1 ARM


Our Community
MortgageFit Blog
Community Professionals
Community Rewards
Introduce yourself
Website tools


Community Rewards
Five simple ways to earn money with the Mortgage Community.

New and upcoming tools
Credit Repair Tool New
Mortgage Planner
Simple Budgeting Tool






DebtConsolidationCare    Insurance community: We Make You Insurance Smart    CreditMagic: Helping you build up credit


We have chosen to apply the Creative Commons Attribution License to all works we publish. This work is licensed under cc by 2.0