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 GregPadgett_3
Joined: 17 Jan 2008
Posts: 1
1.40 Dollars($)
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 Posted: Thu Jan 17, 2008 6:55 am Post subject: Quit Claim Deed in Ohio |
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| My name is on the deed and mortgage in the state of Ohio along with my ex-wife. My ex and her current husband lived in the house for two years while my name was on the house. Do I need a quit claim deed for both her AND her husband ? Her husband is not on the deed or mortgage. |
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jheard
Moderator
Joined: 12 Dec 2007
Posts: 620
Location: Houston, TX
101.15 Dollars($)
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| Posted: Thu Jan 17, 2008 11:03 am Post subject: |
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Yes, the husband may claim a community property interest in the house (assuming you live in a community property state). Have them both execute the quitclaim deed.
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Disclaimer: This is not legal advice and I am not your lawyer. The information provided in this forum is for discussion purposes only, and is no substitute for an in-person consultation with an attorney who can analyze all of the facts and determine how your state and local laws may apply to your specific situation. |
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larry
Joined: 27 Jun 2007
Posts: 3328
474.61 Dollars($)
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| Posted: Thu Jan 17, 2008 11:49 am Post subject: |
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Hi GregPadgett,
Welcome to the forum.
You can quitclaim but be sure that your name is taken out of the mortgage as quitclaim will not release you from the mortgage. Talk to you ex and her husband and ask them to refinance or do a novation to relive you from the mortgage.
By the way, who pays the mortgage? You or your wife?
Best of luck,
Larry |
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lisascherzer
Joined: 04 Jan 2008
Posts: 755
1.11 Dollars($)
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| Posted: Sun Jan 20, 2008 3:38 pm Post subject: |
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It should state the terms of the property settlement in regards to the home in your divorce decree. Many times it will specify that the party that retains ownership needs to refinance the mortgage within a certian amount of time as well as a quit claim deed. This will need to be done eventually so better to do it sooner than later.
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ruthie_1231
Guest
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| Posted: Tue Feb 26, 2008 3:20 pm Post subject: Quit Claim |
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| MY DAUGHTER, HUSBAND AND MYSELF ARE ON MORTGAGE. HER HUSBAND WHO WAS ORIGINALLY ON MTG., PASSED AWAY IN 2004. SHE IS NOW MARRIED AGAIN AND ARE TRYING TO GET REFINANCED, BUT MY HUSBAND AND I ARE IN DEEP DEBT AND WOULD LIKE TO QUIT CLAIM TO DAUGHTER AND NEW HUSBAND SO THEY CAN GET REFINANCING. WILL THIS WORK? |
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larry
Joined: 27 Jun 2007
Posts: 3328
474.61 Dollars($)
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| Posted: Tue Feb 26, 2008 3:31 pm Post subject: |
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Hi ruthie,
Welcome to the forum.
You can quitclaim to your daughter and her new husband but before that you should take permission from your lender as it is a mortgaged property. And make sure that your daughter and her new husband refinance the mortgage in their name so that you and your husband get released from the mortgaged obligation.
Feel free to ask if you have any further questions.
Best of luck,
Larry |
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Mallisa
Guest
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| Posted: Mon Jul 14, 2008 9:26 am Post subject: quitclaim |
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| Myself and my husband live in a home owned(mortgaged/not paid off) by my father who is very ill. Should he quitclaim the house to me to avoid probate court after death. If so, how does it work with an unpaid mortage? |
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Niicss
Joined: 03 Oct 2005
Posts: 3211
Location: New Jersey
506.48 Dollars($)
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| Posted: Tue Jul 15, 2008 3:41 am Post subject: |
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Welcome Mallisa.
To quitclaim the property to you, your father should inform the mortgage company first as it is a mortgaged property. By the way you may need to refinance the mortgage on your name. So are you prepared to do it? Otherwise the mortgage company may want you the due amount to be paid in full.
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Good is the Enemy of Great. |
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