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Posted: Sat Oct 10, 2009 9:58 pm Post subject: general warranty deed

My husband and i got separated and before we separated he signed a general warranty deed. i went and recorded the property with the county clerk. the house is in both of our names at the bank because we haven't finished paying it. In the event of divorse can he claim half of the property?

jenkin7 · Posted: Mon Oct 12, 2009 12:44 am Post subject:

Hi Guest,

Your husband cannot claim any interest in the property because he has transferred his share of property to you through the warranty deed. He is no longer a co-owner of the property. His name could still be on the loan, but that does not entitle him to a right to the property. However, if possible, you should try and get the loan refinance in your name. This will remove your husband's name from the mortgage.

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