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Quit Claim

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Kim Folisi

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PostPosted: 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?
 
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Michel

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PostPosted: Wed Oct 31, 2007 9:08 pm    Post subject:

Hi,

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.
 
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Icon Mini Profile larry



Joined: 27 Jun 2007

Posts: 3328



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PostPosted: Thu Nov 01, 2007 3:12 am    Post subject:

Hi Kim,

If your father-in-law has signed a quitclaim deed and transferred the property to your name and your husband’s name, then he cannot sell the property.

If your husband sign a quitclaim deed and transfer the property to your name, then you will own the property.

Wishing you best of luck,
Larry
 
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Icon Mini Profile jbarto65



Joined: 04 Nov 2007

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PostPosted: Sun Nov 04, 2007 5:20 am    Post subject:

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.
 
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Icon Mini Profile jerry
jerry
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Joined: 17 Oct 2005



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PostPosted: Mon Nov 05, 2007 10:35 am    Post subject:

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.
 
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Icon Mini Profile jbarto65



Joined: 04 Nov 2007

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PostPosted: Tue Nov 06, 2007 4:39 am    Post subject:

thanks Jerry
 
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Pat

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PostPosted: Sun Nov 11, 2007 10:26 pm    Post subject: Quit Deed & reverse mortgage

It is possible to get a Quit Claim Deed, on a house with a reverse mortgage?
 
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Icon Mini Profile jenkin7



Joined: 04 Jun 2007

Posts: 939



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PostPosted: Tue Nov 13, 2007 2:51 am    Post subject:

Hello Pat,

To qualify for a reverse mortgage the borrower has to own and occupy the house as the primary residence.

In case of a quit claim, the ownership will change and I don't think the lender will give his consent to do so.
 
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