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Will quick claim protect my home from creditors?

Posted on: 16th May, 2006 02:37 pm
My husband and I are both on the title of our home. My husband is the only one on the mortage loan. I have several unsecured debts in my name only that I'm trying to set up payment plans with because I'm behind. I want to be proactive, in case one of the creditors decides not to work with me and trys to put a lien on our home. The are no liens on the home at this time. I'm willing to sign a quickclaim deed. Will this protect my home from the creditors if I sign and will this take my name off of the title? Does my husband have to know I signed a quickclaim deed? He does not know about the debts and I want to get them paid off, but it is going to take me time. Thanks
Hi Suzonn,

I think your query has been answered here. Please have a look and feel free to ask if you have further doubts.

Regards,
Blue
Posted on: 16th May, 2006 02:58 pm
hi,

signing a quit claim deed cannot protect you from creditors if you are not regular with your payments. neither does it affect your title. but how can the creditors put a lien on your home, as your debts aren't secured by your home. it's only the mortgage that is against your home and that too, it's to be paid by your husband who isn't behind any debt, as it seems.

for the debts that you are left with, try to set up a planned budget and start paying them off right now, or else your credit score may come down. also, if you aren't comfortable with them, consult a financial advisor or a credit counselor who can give you some good tips on how to manage your credit at this point of time.

a quit claim deed is not the solution, rather settling your debts one by one is the right step. also, if you feel like, talk to your creditors and explain them your problems before they can take any further action.

thanks,

caron.
Posted on: 16th May, 2006 08:32 pm
hi..
i have been divorced from my EX since Sept 2004....he signed the deed over to me , but he is still on the motgage payments...i am trying to sell my home and i understand he has many many debts..how will this affect me when i sell ....im in Nj ...thanks
Posted on: 28th May, 2006 08:45 am
Hi, Sherry

You dont have to worry about too much on the debts which your exhusband is having. You have now got all the rights and you legally owned the property, so you have the right to sell it.

And as far the debts are concerned(ex-husband), its all his problem.
Posted on: 28th May, 2006 10:28 am
Hi Sherry,

If you are in title of the property, then you have also the same liability of the payment for the mortgaged property.

Since the debt is not fully paid so I think you can sell it right now. And you can't sell the house of your own. Because you co-owner of the property. And to sell it you need your co-owner that is your Ex-Husband signature.

Thanks
Posted on: 28th May, 2006 08:40 pm
What is a quick claim?
Posted on: 07th Jun, 2006 06:58 am
You can refer this url - http://www.mortgagefit.com/quitclaim-deed.html
Posted on: 07th Jun, 2006 07:19 am
Hi,
I live in the state of Iowa, April 2005 I purchased a townhouse with a friend I have known for 17 yrs. by May of this year things started to change and or friendship was put to the test, well to make a long story short she wants to put the house up for sale right away or sign a quickclaim deed I told her that I will not rush into any of these because it has to be something that we both agree upon. This evening she moved her things out to live with her daughter, my question is with a quickclaim deed are both parties required to sign and will both parties still be liable for paying their share of the mortage.What rights do I have.
Posted on: 27th Jul, 2006 11:47 pm
Hi,

Welcome to the forums.

Both the parties need to sign the quit claim deed. But you have mentioned that your friend wants to sell off the property. In that case, you need to talk to her about this issue and convince her for the quit claim.

Regarding the mortgage, if the loan is in both of your names, then both of you are responsible for its payments.

Know more on Quit claim deed from our resources.

Regards,

Jessica.
Posted on: 28th Jul, 2006 12:03 am
Can my dad's farm land property be taken away when we put him into a nursing home in Michigan? We have a quit claim deed which his 3 children are the grantees.
Posted on: 31st Oct, 2006 03:13 am
Hi Carol and Robert,

If your dad has already quit claimed the property to his children, then I think each of them has an interest in the property and therefore they can exercise their rights on their respective shares. But if your dad has signed a quit claim deed with a life estate, then he will have the right to possess the property till his death.

Refer to our section on Quit Claim Deed to know how it works.

Thanks,

Sara.
Posted on: 31st Oct, 2006 03:26 am
Please advise...My dad has been unemployed for over 10 years due to a imobilizing disability. He does not receive any government assisstance, and is starting to run out of money. He owns his home outright, but owes in excess of $100 thousand in hospital bills. There is no lien on his home, at least not yet, but I feel it's only a matter of time. He has suggested that he quit claim the property to me, and that I pay the taxes ($7,000 a year), and then his house would be protected. Is this a good idea? Is there a better solution? And if we did go the quit claim route would I have to pay excessive taxes upon his death?
Posted on: 29th Dec, 2006 02:33 pm
Hi TC,

Welcome to this forum.

Really feel sorry your dad. Hope gets better with time.

I think it will be a good option for your dad to quit claim the property to you so that you pay the taxes.

The taxes that are paid upon death of a person are the estate taxes based on the net value of the decedent's estate (including real estate, bank accounts, retirement benefits, investments, insurance policies, personal property etc).

If the net value exceeds the exemption limit that is $2 million (for 2006, 2007 and 2008), then only the estate taxes need to be paid before assets of a decent are transferred to his children or others upon his death.

Thanks
Posted on: 30th Dec, 2006 10:20 am
My father and mother own a home out right my mother is comming to live with me in another state. She wants to quick claim me her part of the home and property so my father cannot do any thing stupid with their home while she is living with me.
Posted on: 09th Jan, 2007 05:48 pm
Yes JN, that can be done.

But do follow the procedure to have the deed notarized and recorded properly to make it valid.

Colin
Posted on: 09th Jan, 2007 06:05 pm
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