Posted: Wed Oct 31, 2007 5:13 pm Post subject: Quit Claim
My husband served me with divorce papers after 21 years of marriage. My father -in-law Quit claimed the house to me and my husband. Now my father -in-law wants to sell the house. Can he do so without our say so? Can I put the house in my name?
If the quit claim was recorded then it is valid and according to that you and your husband are the owners of the house. In that case, your father-in-law cannot sell the house without your consent.
If you want to get the entire property in your name, your husband has to sign a quit claim transferring his share to you or he may also sign an interspousal transfer deed.
I just did a quitclaim for property to my mother and father, once I signed the paperwork and did the transfer, we registered it at the courthouse and that was it, it is theirs now and forever. Unless they decide to will it back to me. Quit deeds are quick, and less costly if you know that there are no leins and the property is free of any other judgements. I do these among family members.
yes jbarto, quitclaims are done mostly among family members an people you know. Here's no guarantee that the person quitclaiming property interest is the legal owner, hence to avoid complexities, family people are involved in this.