Compare Mortgage Quotes

janey_jones_06 · Joined: 04 Feb 2009 Posts: 1 1.48 Dollars($)

Add spouse to the quit claim deed even if I was single when I bought the house?...When I was single my mother and I purchased a home. I am now married and would like to buy a new home with my husband but in order to do so I have to transfer my ownership of the home to my brother (my mother can't afford the house on her own) and was advised by the bank that I had to file a quit claim deed and add my brother and wait six months to do the closing of the house which would permanently remove my name. It is something called title seasoning.

I have a few questions. All the closing paperwork is in my maiden name but now I am married and have legally changed my surname to my husband's.

1) Do I write on the quit claim deed "Janey Jones formerly Janey Smith, a married woman...."?

2) Does my husband's name have to appear on the quit claim deed even though he isn't in on any of the paperwork?

I'm from the state of IL and thank you in advance for any help.

Guest

Hi Janey,

Since the name registered in the title of the house is your maiden name Janey Smith, I do not think there will be any problem in quitclaiming the house to your brother because you would be signing the deed as Janey Smith, the legal owner of the property.

As for the second question, no, your husband does not have to be involved in the quitclaim deed as his name does not appear in the title of the property.

Please, do not hesitate to ask further queries, if you have any.

Take care & be happy.

God bless you.

Posted: Thu Feb 05, 2009 7:22 am Post subject:

The whole title seasoning thing doesn't make sense in this scenario, but anyway, Yes you would show "formerly known as" your married name on the deed; and in Illinois I'm pretty sure your husband would have to sign the deed as well

jenkin7 · Posted: Thu Feb 12, 2009 2:57 am Post subject:

Hi janey,

I don't think your husband needs to sign the deed, simply because the your husband's name doesn't appear in the title and the transfer is supposed to take place between you and your brother. However, some states require the deed to be signed by witnesses other than the grantor, grantee and the notary public. Your husband may sign as a witness though.

Property State:
Property Type:
Credit Rating:

Company	Loan Type	APR	Est. Pmt.
				Go
				Go
				Go
				Go
				Go
				Go

All times are GMT - 7 Hours

Page 1 of 1