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My husband and I are going thru a legal separation, we own three properties. My husband has requested me to quick claim our family residence out of his name and the other to properties out of my name. Do I need to go thru a lawyer or realtor to complete this task or is there a simplier resolution?

laphillips · Posted: Sat Jun 28, 2008 4:05 pm Post subject: Need lawyer to quitclaim?

Welcome Carol,

As always an attorney should be consulted when any transaction involving the law takes place. You may want to ask what are the ramifications of this action.

That said, an attorney is not always necessary when transferring property. Please be sure though what the intent of the Quit Claim deed is.

Defined: A Quitclaim Deed transfers to the grantee only the interests in real property which the grantor has, the grantee assumes responsibility for any claims against the property. A Quit Claim deed is routinely used in divorce cases.

brian1 · Posted: Sun Jun 29, 2008 1:08 am Post subject:

Before you do this think it through. Do you owe any money on these homes? Is your name on a mortgage? If you quitclaim you lose all rights to the property but your obligation for any money owed is still in place.

Good Luck
Brian

smaildaytoday · Joined: 15 Oct 2007 Posts: 52 0.00 Dollars($)

Why not agree with a quit cliam?

jheard · Posted: Sun Jun 29, 2008 11:17 am Post subject:

You can do a quitclaim deed without an attorney. Download the form from the internet, have it notarized, and file it in the county where the properties are located.

If there are mortgages, you may need to refinance. Contact the mortgage companies.

adonis · Posted: Mon Jun 30, 2008 12:34 am Post subject:

Carol,

You'll get sample quitclaim forms for different states available at http://www.mortgagefit.com/predeal/quitclaim-stateforms.html . And it's better to get the sample form checked by an attorney.

john6 · Joined: 23 Jun 2008 Posts: 36 17.36 Dollars($)

Always consult an attorney before doing anything like this. with that said one is not needed but if your iffy on what the quit claim does and how to use it then please dont take the chance and consult help. If you know anyone that works for a title company maybe they can explain what it does and how you use it, without paying for the advice but please do consult before signing on the dotted line.

John Murphy
518-682-2031
East Side Group

cliff3 · Posted: Tue Jul 01, 2008 5:25 pm Post subject:

Wow great advice!! Very Happy

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Need lawyer to quitclaim?