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GregPadgett_3 · Joined: 17 Jan 2008 Posts: 1 1.40 Dollars($)

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.

jheard · Posted: Thu Jan 17, 2008 11:03 am Post subject:

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.

larry · Joined: 27 Jun 2007 Posts: 3322 474.67 Dollars($)

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

lisascherzer · Joined: 04 Jan 2008 Posts: 755 1.12 Dollars($)

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.

Guest

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?

larry · Joined: 27 Jun 2007 Posts: 3322 474.67 Dollars($)

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

Guest

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?

Niicss · Posted: Tue Jul 15, 2008 3:41 am Post subject:

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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Quit Claim Deed in Ohio