Quit Claim

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MENA

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Post Posted: Tue Aug 08, 2006 3:00 am    Post subject: Quit Claim
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I am in a predicament. I have been married for 5 years. My husband and I searched together and bought a home. I was not put on the title by Mortgage company. I have to signed a quitclaim.

My questions:
1. If we divorce, does she lose all claims on the house because I signed the quitclaim?

2. Is it possible to change that quitclaim? and add my name in the title with exemption community property with right of survivorship?

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Icon Mini Profile jerry
jerry
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Post Posted: Tue Aug 08, 2006 3:09 am    Post subject: RE: Lose property claim after divorce
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Hi Mena,

If you divorce, the court will decide whether you will lose all claims on the property. This will be stated on your divorce decree.

Thanks,

Jerry
Icon Mini Profile Caron
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Post Posted: Tue Aug 08, 2006 3:38 am    Post subject: RE: Can quit claim be changed?
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Hi Mena,

You can change the quit claim deed; that is, you can reverse the deed. But for that you need to consult an attorney so that he can prepare the deed for you and help you in recording it.

For more details on Quit claim deed, refer to our section on this topic.

Thanks,

Caron.
MENA

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Post Posted: Tue Aug 08, 2006 3:42 am    Post subject:
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I am not American citizen and I don't have spouse visa yet because we are living outside America.

1.Is it possible that foreign wife like me has a right on the house after I signed the quitclaim?

2.Is it possible that my husband add his foreign wife?
3. Is it possible if he use community property with right survivorship? Is that good for me?
4. I signed the quitclaim and I don't undertand about that , I don't speak english well.
Thank you

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Icon Mini Profile Caron
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Post Posted: Tue Aug 08, 2006 3:55 am    Post subject: RE: More on quit claim
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Hi Mena,

Welcome back.

Did you sign the quit claim to transfer your property rights to your husband? Please let me know this clearly so that I can advice on this issue.

Thanks,

Caron.
Icon Mini Profile sara
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Post Posted: Tue Aug 08, 2006 4:01 am    Post subject: RE: Can husband add foreign wife to property
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Hi,

I think this is quite possible as your husband owns a part of the property. And, he has the rights to use community property. If he simply stays in the property, I guess there's no harm until and unless he plans take over entire ownership rights if you are a co-owner of the property.

Thanks,

Sara.
MENA

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Post Posted: Tue Aug 08, 2006 4:02 am    Post subject:
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I really appriciate for your help

It said Disclaimeer Deed,
is it secure if I gave the website address about my disclameer deed?
soo you can read.

I really don't know American rule.

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Icon Mini Profile Caron
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Post Posted: Tue Aug 08, 2006 4:10 am    Post subject: RE: Property rights through quit claim
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Hi Mena,

If it's a disclaimer deed and that is what you have signed, then I guess your husband has made you sign it without giving you proper knowledge on the deed.

Your signature on the disclaimer deed proves that you are giving up all claims over any interest in your husband's property. That means, he may have the legal right not to allow you to have any share in the property. Please contact an attorney you can trust and explain him your situation. Make it fast so that you don't land up in further trouble.

Please feel free to ask if you have any more doubts.

Thanks,

Caron.
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Post Posted: Tue Aug 08, 2006 4:15 am    Post subject: RE:
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Hi Mena,

Let me have the website address so that I can go through the deed.

Thanks,

Caron
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Post Posted: Tue Aug 08, 2006 4:19 am    Post subject:
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Caron,

The Mortgage company made me signed that disclaimer deed, my husband also don't really understand about this. Maybe The Mortgage company worry if someday my husband die and I claim the house.

My husband want to add my name in the title and he already signed quitclaim and put his name and my name with exemption community property with right of survivorship, is it possible? (1 question)

We are living outside America now, it's impossible to contact American attorney.

How about my step daughters from his previous married, Can they claim the house if my husband die? (2 question)

Thank you soo much
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Post Posted: Tue Aug 08, 2006 4:19 am    Post subject:
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http://156.42.40.50/UnOfficialDocs/pdf/06-0978885_1.pdf

I just signed up, I used Mena before
Icon Mini Profile Caron
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Post Posted: Tue Aug 08, 2006 4:40 am    Post subject: RE: Disclaim property rights through Disclaimer deed
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Hi Mena,

I can understand your situation and I have also gone through the deed. The deed clearly mentions that whoever has signed it disclaims or gives up (that means she will never claim) any claim over the interest on title to the property. And, the spouse and his heirs can claim the interest property if they want to. It says that you have quit claimed all your rights to the spouse and his heirs.

In that case, your step daughters have the right to claim or demand an interest in the property and they may get it provided your spouse wishes to.

Thanks,

Caron.
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Post Posted: Tue Aug 08, 2006 4:43 am    Post subject:
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Caron

My husband want to add my name in the title and he already signed quitclaim and put his name and my name with exemption community property with right of survivorship, is it possible?

Do you mind if I send to your personal email, the quitclaim that my husband made?

What should I do? Also if we refinance, will it help?
please (:
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Post Posted: Tue Aug 08, 2006 9:59 am    Post subject: RE: Is refinance a better option?
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Hi Mena,

Sorry for being late. Actually there were some bugs in the system and it took some time to function properly.

I guess the mortgage company let you sign a disclaimer deed because they wanted to make sure that in case your husband could not pay off the loan, they could take over the property, as then you could not have claimed any share in it.

Quote:
My husband want to add my name in the title and he already signed quitclaim and put his name and my name with exemption community property with right of survivorship, is it possible?

Adding name to the title through quit claim deed is a common practice but this kind of deed does not guarantee the transfer of ownership; you may sign warranty deed instead. But I doubt whether signing a quit claim along with disclaimer deed is possible. Did your husband inform the mortgage company about the quit claim. I am saying this because the mortgage company let you sign disclaimer as they did not want any other person to be on the title to the property till the payoff.

I think a quit claim deed in your situation will be more effective if you can refinance and pay off the loan. It is better to refinance with another lender who will not ask you to sign disclaimer deed. In that case, you can add your name through quit claim or warranty deed and then shop around for a refinance loan.

You said you were living outside America, so it is not possible to approach an American attorney. But you can try to find out one through the yellow pages and through phone take some advice on this matter before you proceed. To me, it seems that refinance can help. In case you do so, you can refer to our section on refinance. I hope it will help you know more on the process so that you are well aware before you start off.

All the best Smile

Caron.
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Post Posted: Tue Aug 08, 2006 8:43 pm    Post subject:
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Caron

Thank you soo much. We will try to use quit claim first as long it already get notry,The mortgage company ever suggessted to add my name and we will try refinance after this.

One more question, I hope you don't mind, please see this web site
Which code I should add in th quit claim? B10 or B11 is better? or other?
http://www.co.navajo.az.us/Recorders/Forms%5CExplanExempCodes.pdf

Thank you and Bless you
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