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Interspousal transfer or Quit claim deed - Which is better?

blue's picture
blue | Joined: October 21, 2005 09:17 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Cianos,

In case of a divorce a quit claim deed may prevent ex's heirs from claiming his shares after his death which can be avoided through an interspousal transfer deed.

The process is almost same as in quit claim deed. Get a form of the Interspousal Transfer Deed and together you need to sign it in the presence of a notary. After that get it filed with the help of your attorney.

Blue

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Cianos,

I think you can opt for a quit claim deed to add your husband's name to the property interests.

But, it's better to seek suggestions from a lawyer before you do anything regarding the transfer.

Angel

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Samantha's picture
Samantha | Joined: September 16, 2005 11:59 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Ciano,

Welcome to MortgageFit Forums.

Though I am not related to real estate legal matters but what I think is that in this case you need to go for a quit claim deed.

An Interspousal Transfer Deed is required when you need to transfer interests in the property as well as want to convert a community property into separate property.

So, while adding your husband's name to the property it won't be required to make your property a separate property. A simple quit claim deed under the guidance of an attorney will serve your purpose.

Always consult an attorney before you make any changes to the property title as real estate transfers are complicated and you should know from the beginning what you are doing.

God bless you.

For MortgageFit,
Samantha

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Once a Interspousal transfer deed is signed by spouse can they be added to the deed later and if so do you just go to county office and add. Also, once you sign the interspousal transfer deed does this take you off the mortgage responsiblity (California resident).

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colin's picture
colin | Joined: June 30, 2006 02:50 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Deborah,

Welcome to Mortgagefit forum.
[quote:42b739097d]Also, once you sign the interspousal transfer deed does this take you off the mortgage responsiblity (California resident).[/quote:42b739097d]
Even if the property is transferred using a deed if you were one of the co-borrowers then you will remain liable for the mortgage. With the transfer of property, mortgage does not get transferred in the name of the other person.

To remove your name from the mortgage you will have to get the mortgage refinanced in the name of that person. This way you will not be responsible for the mortgage. One another method is known as [url=http://www.mortgagefit.com/know-how/novation-mtg.html]novation[/url] which can also be used to transfer the mortgage. You should discuss these options with your lender.

Colin

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I have a house that is my sole and separate property. I am buying another house and I am in the middle of a divorce that has been going on for almost 2 years. If I buy this house will my soon to be ex have any interest in it? This is in California. His name is not on anything.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

If you purchase the home with your separate funds and he is not included in the title of the new home then it will remain your separate property.

Louise Galvin

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sara's picture
sara | Joined: July 5, 2006 03:16 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

No Cupcake, I don't think your ex-spouse can have any interest in the new house until and unless he signs any legal document regarding the ownership of the property.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I purchased a home while married. My husband executed an interspousal
transfer deed which was recorded. Grant deed is in my name as a married woman, as her sole and separate property. Does this mean that the home is solelymine and if the property is sold, the proceeds are my sole and separate monies?

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

If you are facing a divorce then the court decision will vary depending upon which state you live in, whether it is a community property state or not.

ben franklin

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

The use of interspousal transfer deed by your husband for the property transfer is known as transmutation of separate property to community property. This is a process by which a spouse can transfer whatever rights he/she may have over the property to the other spouse. As such all the proceeds, if the home is sold should be yours only.

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Surfergirl, the interspousal deed helps to transfer property from one spouse to another and at the same time converts community property to separate property.

It seems that your husband has signed an interspousal transfer deed to hand over the property solely in your name. Hence you are the sole owner of the property.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

we sold our house recently and looking at the new property report, it is now under the buyer's name (1 only) and the deed type as recorded is interspousal deed of transfer....can you explain what might have happened...i was expecting a grant deed instead...thanks

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colin's picture
colin | Joined: June 30, 2006 02:50 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Socalpilgrim,

Interspousal transfer deed is used when a property is transferred by husband or wife to the other spouse.

If you are selling your house to any third party buyer then such kind of deed is not used. You should talk with the attorney who helped you finalize the sale of the house about what actually happened.

Colin

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

what is the difference when you have the property classified as community property (50-50 ownership) as opposed to husband and wife (also 50-50)?

thanks.

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Caron's picture
Caron | Joined: July 19, 2005 08:37 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Socalpilgrim,

Welcome to our forums.

I don't really understand as to why the deed used for the transaction is an interspousal. After all, you haven't transferred title to your spouse. Such a kind of deed is used in case of transfers between husband and wife.

In your situation, a grant deed could be the right choice to serve your purpose. By the way, did you hire an attorney to prepare the deed for you? If so, request him to give you an explanation; you may have to change the deed to make the transaction legally effective in accordance to your situation.
[quote:49c7e7fed3]difference when you have the property classified as community property (50-50 ownership) as opposed to husband and wife (also 50-50)[/quote:49c7e7fed3]
Community property is similar to property owned by husband and wife with each spouse having undivided one-half interest in the property.

Thanks,

Caron.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

what happened is that after we issued a grant deed an interspousal deed was executed between the principal buyer (husband) as the grantee and his wife (although not on the loan docs) as the grantor...the borrowers on the loan docs was this husband and another relative.......all related docs on the purchase were recorded on the same date...may be you could shed more light what the husband and wife wants to accomplish

on the the other issue, is there a benefit if we change the "community property" to "husband and wife" our current property? the property we sold above had been "husband and wife".

thank you for the clarification..

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

It is not necessary to change it from community property to any other form. As being community property it secures your rights over it in case relation with your husband takes a bad turn. Though I hope it never happens.

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Socalpilgrim,

I am not sure but may be the husband and wife wish to convert their community property into separate property. This means that the wife or the grantor is giving away the property to the grantee or the husband. So the property will solely belong to the husband.

As far as I know, community property and husband and wife property are the same. But I still need to check. Just give me some time and I shall be able to tell you.

Thanks,
James.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

But Jeff, I guess you are referring to socalpilgrim. However, he is not involved with the interspousal deed. Rather it is the buyer of his property who has executed the deed.

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sara's picture
sara | Joined: July 5, 2006 03:16 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Socalpilgrim,

Whatever property a husband and wife owns together is community property.

In a community property, both husband and wife equally own all money either of them has earned from the beginning of marriage till the date of separation. Moreover, property acquired through contributions of both husband and wife is equally owned by both of them regardless of who purchased it.

Community property can be changed to separate property but in your situation there is no necessity because you have already sold it.

Thanks,

Sara

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Socalpilgrim,

I checked and found that community property is the same as property belonging to both husband and wife.

Thanks,
James.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

can a quick claim deed be used to add spouse as joint owner of real property.

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colin's picture
colin | Joined: June 30, 2006 02:50 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Yes Cathielynn, you can use a [url=http://www.mortgagefit.com/quitclaim-deed.html]quit claim deed[/url] to include your husband as co-owner of the property.

A quit claim deed can be used to transfer property to someone and also for including a person as joint owner of the property. For that you should download a quit claim deed form and fill it up with the help of a lawyer. After that you will have to get it notarized and recorded at your local county recorder's office. After it is recorded both of you will become co-owners of the property.

Go through the quit claim page for more details about its use in property transfers - http://www.mortgagefit.com/quitclaim-deed.html

Colin

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My husband asked me to sign an interspousal transfer deed because his parents are "giving" him their house. At the same time he has to [url=http://www.mortgagefit.com/refinance.html]refinance[/url] because he is giving his parents money that is about 1/3 of the cost.

He says that if I sign the deed, it would make the title change a lot easier because currently 1/2 of house is in his parent's name, 1/4 is in his name and 1/4 is in his sister's name. The sister and her husband are all signing documents that state they are handing their shares to the parents.

If in the unfortunate event that we get divorced, does this mean that the house is 100% his? I'm also currently unemployed and a student.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

When we bought the house my credit was bad so I had sign a quit claim now it vice versa. my husband credit fell in the hole when he was in the hospital. our 3 yr arm is about to be up in a few month, we are planning to switch the loan and the title to my name for a better rate would this be the right form to add my name to the title? (from 1 spouse to both spouses) When I refinance we will take his name out.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Susan,

You can use quit claim deed for addition of your name to the title of the property.

Interspousal Transfer Deed is used more commonly when a person wants to transfer his interests in the property as well as convert a community property into separate property.

Quit claim deed is much simpler and in your situation a quit claim deed would serve the purpose.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

[quote:72b2a9e429]If in the unfortunate event that we get divorced, does this mean that the house is 100% his? I'm also currently unemployed and a student.[/quote:72b2a9e429]
Perplexed, if you sign over your rights to the property using a interspousal transfer deed then afterwards you will not be able to put any claim over it.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Thanks for your answer. So if later down the line and he restore his credit and I want to add his name back on then I would still use the quit claim to add him?

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sara's picture
sara | Joined: July 5, 2006 03:16 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Susan,

Welcome to the forums.

You can get the title in your name at the time of refinancing your current loan. You should inform the lender that you wish to have your name on the title at the time of settlement of the refinance.

You can surely add your husband's name to the title when he restores his credit. And, a quitclaim deed will be a good choice to add him as the co-owner.

Thanks,

Sara

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Caron's picture
Caron | Joined: July 19, 2005 08:37 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Susan,

In many states, one can give up his interest in property to his spouse by the use of interspousal deed. The transferor may have to inform the mortgage company prior to the conveyance of property-interest.

When a person signs on the interspousal deed, according to the laws, he will be transferring community property into separate property. In other words, when you sign the deed, whatever interest you and your husband had, became entirely yours. So, your husband will have no interest in the property and cannot get the benefits of the current property value.

Thanks,

Caron.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi,
Thank you for the previous response.
Now, my husband is telling me that he asked me to sign the wrong document. Instead of the interspousal transfer deed, he wants me to sign a quit claims deed.

In terms of divorce. Does signing this deed make the house 100% his separate property too?

Is there a deed that I can ask him to sign that will define my separate property and safeguard it if we get divorced? I don't have a house but personal bank accounts.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

[quote:2a1064d380]Now, my husband is telling me that he asked me to sign the wrong document. Instead of the interspousal transfer deed, he wants me to sign a quit claims deed.

In terms of divorce. Does signing this deed make the house 100% his separate property too?
[/quote:2a1064d380]
If you use the [url=http://www.mortgagefit.com/quitclaim-deed.html]quit claim deed[/url] to transfer your share of interest in the property then it will not make it his separate property. But you share of ownership will get transferred.

This is the difference between use of a quit claim deed and a interspousal transfer deed. By using a interspousal deed it can be mentioned that the transfer is been done to make the property grantee's separate property.

Deuflhard

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helping_user's picture
helping_user | Joined: March 31, 2006 03:39 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Perplexed,

Your bank accounts will not be affected if you sign a quit claim deed or an interspousal deed. By property, here it means real estate or your home. As you wish to protect your interest in property, it is better that you don't sign on any deed, be it interspousal or quit claim deed.

Thanks.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

now married I want to add my wife to deed. What is best way to do this?

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Bob,

A simple means of adding your wife as co-owner for the house will be to use a quit claim deed. It is commonly used in inter-family property transfers.

Gary Baseman

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helping_user's picture
helping_user | Joined: March 31, 2006 03:39 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Bob,

If there is no due on your house, then I suggest going with warranty deed instead of quit claim deed. It will provide warranty to her that there is no due on this house and in future she is not liable to make any past dues.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

i received some $ from a refi, and signed a quit claim deed. now it looks like divorce on d horizon. can i go back at all?

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Do you mean you want that you want to undo the quit claim deed?

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I am recently seperated and the house i purchased before marriage, I live in florida. If I sign a quick claim deed to my ex so he can [url=http://www.mortgagefit.com/refinance.html]refinance[/url] in his name does he still have to buy me out legally of the appreciation valueof the home?

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blue's picture
blue | Joined: October 21, 2005 09:17 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Eener,

Welcome to Mortgagefit discussion board.

Before quit claiming the house to your ex, you should finalize how much amount out the appreciated value you want to get.

On the other hand if you want to give up the ownership so that ex can refinance then legally your ex is not required to buy out your share of interest in the house.

All depends on you, and whether you want anything out of the value of the house. If you would like to get a share in return for quit claiming the house then until he agrees to pay you do not sign on the deed.

Do let me know if you have any other questions.

Thanks
Blue

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helping_user's picture
helping_user | Joined: March 31, 2006 03:39 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome Eener.

Legally it's not necessary that your ex-husband has to buy you out on getting the ownership rights through quitclaim deed.

You may use a quitclaim deed and take your name off the property-title so that your husband can refinance the loan in his name.

Thanks.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My wife is planning to do a divorce. We were married for 9 years. We are in California. When I bought my home with my brother (for investment), my wife
signed this interspousal transfer deed. If this divorce is push through, does she has the right owning 50% of my house. I have taken my brother's name
last year and I'm the sole owner and name on the deed. We have a family trust and the house is on the trust.

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miller_st's picture
miller_st | Joined: January 17, 2007 04:47 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Henry as she has signed the interspousal transfer deed to give up her rights over the house it is now your sole property and she is not entitled to get any share from the house.

In a community property state interspousal transfer deed is also used to convert a community property into separate property. Thus now you have sole ownership over the house.

Miller

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My husband is a building contractor and built our home, when it was completed, he financed the home in his name only, and said I had to sign a quit claim deed because I was not on the mortgage. I did this. What does that mean in a community property state. Do I still own half of this house if we were to divorce.

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miller_st's picture
miller_st | Joined: January 17, 2007 04:47 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

If you had not contributed towards mortgage payments then you cannot claim any share out of the house even if you are in a community property state.

However, if you contribute towards mortgage payments and property maintenance then at the time of divorce you have the right to claim a share out of the house even if you are not on the title. In such situation to calculate share of each spouse the Moore Marsden Rule is used.

Miller

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

He used the money from the sale of our home to buy the land, which was in my name also, and to build the house.

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carnahandavid's picture
carnahandavid | Joined: December 21, 2006 04:07 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

As joint funds were used in the purchase of land and for building the house you definitely have rights to claim share from the house during divorce.

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larry2's picture
larry2 | Joined: June 27, 2007 02:50 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Arlene,

If your fund is also included in building up the house, then you can certainly claim a part of the house now. If needed, you can consult with an attorney for necessary legal action in acquiring yor share of the property.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

If there is a lien on my property because of my spouse's debt, can I still take him off the title to our home using an interspousal transfer deed?

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