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Can quit claim remove name from title?

Posted on: 22nd Dec, 2005 12:02 pm
i was married for 8 yrs and separated now for 4 but not officially divorced yet. my ex hubs purchased a condo 3 months before we got married and i had nothing to do with any paper work or any involvement with the condo. we lived in it for 8 yrs and i left 4 yrs ago due to an unhealthy and verbal abusive environment. i left everything but by cloths and started a new life. now after 4 years of being separated he wants me to sign a quit claim deed because he wants to sell the condo. what i don't understand is why i have to sign this form. could anyone be added to a title without knowing? am i entitled to something? i really would like to pay for a divorce.
Doona, looks like you have been misguided. Once you have signed the deed that means you have transfer the interest to him. But if you think that your husband has cheated you and you don't want him to sell the property then you are left with 2 options.

One is talk to your husband and try to sort it out and second is to go for legal action. If you can prove that you were forced to sign the deed and your husband misguided you then it might work in your favor.

Thanks
Posted on: 20th May, 2006 04:40 am
hi donna,

it seems that you have been misled by your husband. he must have transferred your share of interest in the property in his name by asking you to sign the quit claim deed.

but is the property title in his name alone or do you have your in the title as well? if you are a co-owner of the property, then your husband can't sell it without your signature. so don't worry and just look for the ownership papers so that you can produce them before an attorney. he will be the best person to help you proceed legally in this matter.

for more insight into quit claim deed, please click here.

regards,

jessica.
Posted on: 20th May, 2006 07:46 pm
I was married for 15 years, my husband who is now deceased owned the house we lived in. The problem is that his ex-live in mate name is on the deed to the house. They were not married. How can I get the name put in my name only. He did not have a will.
Posted on: 26th May, 2006 11:05 am
Hi Detroit,

I don't think it will be easy to remove her from the deed with out her acceptance. The process would have been simpler if she agreed to quit claim her interests in the property to you.

But under the present situation it is better for you to contact a good attorney and seek his advice.

Best of Luck.

Blue
Posted on: 26th May, 2006 11:14 am
My father died last year. There are 6 siblings. My dad owned land and my sister and I have our name along with his on the land. Brothers and sisters want nothing to do with the land. There is no will and no other property, If all siblings sign quick claim deeds to my sister and I will that give us possession of the land? So it can be sold?
Thanks
Posted on: 30th May, 2006 08:53 pm
Hi Barb,

You are in the right way. Since there is no will for the property so the property will automatically transferred to the dependent persons i.e. to you and your sisters and brothers.

I think that will be better that if all of you sign a quit claim deed to your sister and in later on she can sell the property. And all of you share the value of property as per of your interest in the property.

But I just suggest you to consult with your local attorney once before taking the step.

Thanks
Posted on: 30th May, 2006 09:01 pm
i signed a quit claim deed to our property he told me it was only for refinancing purposes and now we are in a divorce and can he use that against me my name was never on the loan in the first place before the quit claim deed, this is a community property state and the judge is going to make him sell and split
Posted on: 24th Jul, 2006 05:21 pm
Hi,

Welcome to MortgageFit Forums.

Regarding quit claim deed, did you quit claim the property to him? If it is a joint loan, then the judge would decide who is going to assume the responsibility.

Generally you find that the person who gets the property has to take responsibility for the loan payments. Why do you think that the judge would call for a sale of the house?

The judge can do so to pay off the loan that you have. It's better to analyze the situation with your divorce attorney and he can guide you well in this matter.

God bless you.

For MortgageFit,
Samantha
Posted on: 24th Jul, 2006 05:30 pm
i'm apart of a corporation that owns some investment property. we want to refinance the property but everything is held in the corporations name so we're having a hard time refinancing it. we went through a private lender the first time so our rates are really high. we can get a better rate in our name. we do not want to be owners of this property. we want the corporation to have all rights to the property. after we secure a loan should we do a quick claim? how can we get the property back into the corporations name?
Posted on: 12th Sep, 2006 06:01 am
Hi Tim,

The title to the property can be quit claimed by the owners of the property in the name of the corporation.

Thanks
Bryant
Posted on: 12th Sep, 2006 03:37 pm
Hi Tim,

In order to get a loan against a property, you should have ownership rights on it. So, you need to ask the corporation to transfer the ownership rights over to you. Then you can secure a loan and transfer the ownership rights back to the corporation. A quit claim or a warranty deed can help you with this transfer. But doing that, you cannot get rid of the liability of paying the loan.

But a quit claim does not guarantee that the grantor has any rights on the property, it just mentions that there has been a transfer of interest by the grantor to the grantee. On the other hand, the warranty deed states that the grantor (who initially had ownership rights on the property) has transferred ownership to the grantee.

If you prefer to know more on Quit Claim Deed, you may visit our section on this topic.

Thanks,

Caron.
Posted on: 12th Sep, 2006 09:17 pm
I received a list of properties for Auction by the district attorney of Philadelphia. Each property will be sold AS-IS, conveyed by quitcleim deed and subject to all liens and encumbrace. Also, all real estate taxes and water bills existing prior to sales will be forgiven, except real estate tax leins that have been transferr by the city to anoter entity. Does this sound like risky business? I ask this because the properties are low in high crime areas and less desireable living arrangements.
Posted on: 16th Oct, 2006 10:12 am
Hi Matt,

As you are saying that the properties have all the liens and encumbrances if any still to be paid, then you may not know which ones do not have any liens attached to them.

I do not think it will be proper to go for the purchase without having clear title to the property.
Posted on: 16th Oct, 2006 11:04 am
I too feel going for such a property may create problems in future, as you say that are certain liens on it and also it's located in a high crime area.
Posted on: 16th Oct, 2006 10:02 pm
My current husbands first wife received the house in their divorce. He signed a quit claim deed - but now she is not making the payments and it is effecting his credit (so much that we have been denied credit because of it) This is how we found out that she was not making the payments. Since his name is still on the Mortgage - what are the options - ie. Can he take the house and takeover payments....
Posted on: 27th Oct, 2006 07:14 pm
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