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Can quit claim remove name from title?

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Icon Mini Profile carnahandavid
carnahandavid




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Post Posted: Fri Aug 10, 2007 4:55 pm    Post subject:
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Mike,

Quote:
Im going through a divorce and me wife is going to keep the house. Will we need to do a Quick claim deed as well


Quit claim deed would be required to remove your name from title of the house.

But quit claim deed will not remove your name from the mortgage because quit claim deed as any other property transfer deed can only transfer property ownership. It cannot transfer the mortgage a person has taken.

So if you quit claim the house but refinance is not done you will remain on the mortgage as one of the borrowers along with your wife. If your wife refinances the loan in her name then your name will not be on the loan document and you will be free of any obligation of repaying it.
KATHY

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Post Posted: Tue Aug 14, 2007 11:31 am    Post subject: QUICK CLAIM DEED
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MY HUSBAND & I LIVE IN az, MARRIED, OWN A HOME. GETTING DIVORCED, I SUGGEST HE TURN HOUSE TO ME "QUICK CLAIM DEED" IF HE WANTS ME TO JUST LIVE WITH HIM, SO IF THINGS DO NOT CHANGE, WE HAVE TO SELL THE HOUSE WHICH I WOULD DO. IS THAT ENOUGH? DO I HAVE MY DIVORCE LAWYER HANDLE THAT?
Icon Mini Profile Niicss
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Post Posted: Tue Aug 14, 2007 12:00 pm    Post subject:
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Hi Kathy,

Using a quit claim deed your husband can transfer house title over to you. After it is notarized and recorded at the county recorder's office you will have full ownership and would be able to sell the house if required.

But discuss this issue with your divorce lawyer and ask him to prepare the deed so that no problems can arise in future with title ownership.

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Icon Mini Profile larry





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Post Posted: Tue Aug 14, 2007 9:51 pm    Post subject:
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Hi Kathy,

You can get back the house by using a quitclaim deed. But before planning to sell the house, have a talk with your divorce lawyer and go according to what he said.
Cathy

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Post Posted: Wed Aug 15, 2007 9:28 am    Post subject: RE: quit claim
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Some clarification here. Mil, sil and husband were at the lawyers when the quit claim was done. One son was not there. It was several years ago and that is why we are questioning it now. When we went to the property tax site it shows dh name only on it. At the time, mil had told lawyer she wanted it split between all three children. We are wondering why only dh name is on the title. The lawyer is not in business anymore and mil has dementia so of no help. What are your thoughts on this? Is the person who is listed on the property tax the owner? The tax office gave us no answers and could not tell us who to contact to help us. Thank you for any help you can give.
Icon Mini Profile larry





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Post Posted: Wed Aug 15, 2007 11:44 pm    Post subject:
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Hi Cathy,

Welcome back to forum.

Generally property tax is paid by the owner of a property. Now if the name of your dh is only showing in the property tax site, then he might be the sole owner to the property. It is quite obvious for the tax office that they did not told you the name of the owner of the property as you are not anymore of your dh family. What you can do is to ask anyone of your dh's other siblings as they were also supposed to be on the property title as told by your Mil.

It seems that you've asked a similar question earlier. To view, you can refer to: http://www.mortgagefit.com/quitclaimdeed/includename-title.html
Cathy

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Post Posted: Thu Aug 16, 2007 9:43 pm    Post subject:
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Thanks Larry for answering so swiftly. My husband went to the tax office and asked why he is the only one listed on the title and they shrugged their shoulders and said...it is a quit claim. They did not give out any other information. He is wondering who you would suggest he go to next to get this straightened out before his mother's death. Thanks again for all your help
Icon Mini Profile larry





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Post Posted: Thu Aug 16, 2007 11:42 pm    Post subject:
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Hi Cathy,

When the tax office is not answering properly to your husband, he can go to the office of the County Recorder and check out if the title is properly recorder or not. Incase if it is not recorded properly, then they will make the necessary changes in the title.

But he will have to provide a copy of the quitclaim deed showing all the names of his sibling on the deed.
kim

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Post Posted: Thu Aug 23, 2007 9:17 am    Post subject: quit claim deed
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I am seperated from my husband, but not divorced. My husband purchased a home while we married, and I am not on the mortgage loan, but I know I am listed on the deed. The home is now in the process of being foreclosed on. I don't want to be liable for the mortgage and I don't want any judgements on my credit. How can a quit claim deed help me?
Icon Mini Profile miller_st
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Post Posted: Thu Aug 23, 2007 1:38 pm    Post subject:
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Hi Kim, your question had been answered on this page - http://www.mortgagefit.com/propertytransfer/about8203.html

Please have a look.
yvette

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Post Posted: Mon Aug 27, 2007 4:00 pm    Post subject: signing a quitclaim deed
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My husband's name is still on the deeds of his home he owned with his ex. We have been married a little over a year now. On the quitclaim deed it states that he is not married and his address is the same as their old address. She still lives at this address. I told him that it needs to be corrected and he thinks I am being silly...What do you think?
Icon Mini Profile miller_st
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Post Posted: Mon Aug 27, 2007 4:21 pm    Post subject:
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Quote:
On the quitclaim deed it states that he is not married and his address is the same as their old address.


This quit claim deed was made for?

If your husband's name is still on the title of the home he owned with his ex then a quit claim deed can be used to transfer ownership to ex. But has it been decided who will get ownership of that home?

Miller
Losasso Petterson

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Post Posted: Mon Aug 27, 2007 5:36 pm    Post subject:
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Quote:
I told him that it needs to be corrected and he thinks I am being silly...What do you think?


It would be more appropriate to update the records to show the present status. His address is showing to be the old one, he should get it changed to present one.

In many property matters it would be important to have your correct address in the records.
Icon Mini Profile larry





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Post Posted: Mon Aug 27, 2007 10:50 pm    Post subject:
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Hi Yvette,

The address needs to be corrected on the deed. For that you have to go the Conty Recorder's office where the deed was recorded and get all the necessary changes done. After making the corrections to the deed, it has to recorded again there.
wiggles11

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Post Posted: Sat Sep 15, 2007 6:40 pm    Post subject: quit claim deed
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My husband's mother (she is a widow) has sold her house and she is putting the money from the sale ($80,000), into a $300,000 home that her daughter is buying. My mother in law plans on living with her daughter. My husband has been sent a Quit Claim Deed form to sign and as his wife, I was told to sign it also and there is a space with my name on the form.
I do not understand why I need to sign this form as my name is not on the deed.

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