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zemut · Joined: 03 Aug 2007 Posts: 2 2.00 Dollars($)

My ex and I bought a home over a year ago. We would like to proceed with the quitclaim deed. I will be the grantee and the other partner is the grantor.

However, I would like to know if I sale the house in the future, will the quitclaim deed guarantee that the other partner does not receive any proceed from the selling?

carnahandavid · Joined: 21 Dec 2006 Posts: 238 58.41 Dollars($)

miller_st · Joined: 17 Jan 2007 Posts: 918 168.95 Dollars($)

I too agree with David. After getting ownership of the house all proceeds from sale will be yours. Your ex will not get any proceeds from it. If you'd like to read more about quit claim deeds then please go through this page: http://www.mortgagefit.com/quitclaim-deed.html

Miller

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He will not get anything from the sale with one exception.

If in your divorce agreement it was stated that he will be getting a certain share when the house is sold then you may have to pay that amount to him from the proceeds.

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

Hi Zemut,

As a grantor, if your ex-partner quitclaims complete ownership of the property to you, then he has no right to claim anything out of that property in the future.

But if the divorce decree states that he will get a share on the profit earned from the sale of the property, then you have no option left.

zemut · Joined: 03 Aug 2007 Posts: 2 2.00 Dollars($)

My ex does not want to do the quitclaim deed now. He said that his name will still be under the Title and I will need his signature later on if I Want to sell the house or re-finance. I read the quitclaim deed info on this web site and I think it also said that quitclaim deed does not guarantee the name to be removed from the Title....but i am not sure...please help!

sara · Posted: Fri Aug 10, 2007 12:10 am Post subject: RE: confusion over quitclaim

Welcome back Zemut,

The quitclaim deed does not guarantee that the person transferring a property is the legal owner of it. That's the reason why it's used mostly among families and people one is familiar with.

Now, if your ex-spouse signs a quitclaim deed, he will no longer have his name on the title but the deed won't specify that your ex-spouse was the owner of the property. It will just mention that he has conveyed his interest in property to you.

Hope this is now clear to you.

Take Care

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

Hi Zemut,

A quitclaim deed transfers the property from a grantor to the grantee. But it does not assure that the grantor is the real owner of the property. The grantor gets removed from the title of the property immediately after the deed is transferred.

Now if your ex-spouse does not want to get removed from the title, you cannot sell the property in future without his signature.

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