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Interspousal transfer or Quit claim deed - Which is better?

Author: Jessica Bennet
Community Mentor
Ask Jessica
Posted on: 25th May, 2006 04:47pm
Interspousal transfer deed or interspousal transfer grant deed is a deed which is used to transfer property between spouses. It is mostly used in divorce cases when one spouse needs to transfer property to another and convert community property into separate property.


A quitclaim deed may also be used to transfer property but in case of transfer between spouses, an interspousal deed is preferred. However, whether it's a quitclaim or interspousal deed, neither of them can help one get rid of the mortgage obligation, if any, on the property.
Posted on: 25th May, 2006 04:47 pm
hello:

i'd like to add my husband's name to the property deed of our home, but i'm wondering if it's better to do an interspousal transfer deed or quit claim deed? what's the difference?

thanks!
A few years ago I signed an interspousal deed to my husband at the time I wasn't sure what I was signing but had no reason to doubt him. Now we are going through problems and I don't know where I stand in ownership of our home. Will I loose my share of the home now that I've signed the interspousal transfer? What should be my next step in recovering my home?
Posted on: 01st Nov, 2007 08:36 am
Hello,

I think you should try to find out from your husband what kind of interspousal deed you had signed. You can also get a copy of the deed and check that on your own.

If you have signed to transfer your ownership to your husband then you have lost any interest in the property even if it is a community property.

If you were added to the title by this deed and it has joint tenancy or rights of survivorship, then you will have your share.
Posted on: 01st Nov, 2007 10:45 pm
Dear Colin,

When I marraid my husband he took me to city hall
in our main town and put my name on the deed to the
house.

Last month he passed-away. When I spoke to my
insurance agent she told me to get a Quit Claim Deed.
I showed her the copy of the one that my husband filled
out after he filed, way before we were married. She said
get on your computer, go to Google and you can print out
one from there.
Posted on: 26th Nov, 2007 08:18 am
Thanks, as far as I remember, I was added on to the Deed.
But, your information made me stop and think. What I'm going
to do is just go to the city hall and ask to see the deed. I will
bring a Death Certificate with me to show them, and go from
there.
Thank you for your time and input
Sincerely,

Jane
Posted on: 26th Nov, 2007 08:25 am
Hi Jane,

Welcome to this forum.

I cannot understand what you want to say. Can you please explain what is your question so that I can give you a better answer.

Thanks,
Larry
Posted on: 27th Nov, 2007 03:34 am
i,m getting divorce ,my wife signed this kind of deed when we/i purchase the house,is she entitle to half the equity?
Posted on: 30th Nov, 2007 08:22 pm
Hello Pacsap,

If she has signed the deed to remove her name from the property transferring the entire ownership rights to you, then you are the sole owner of the property and she does not have any interest in it.
Posted on: 04th Dec, 2007 04:26 am
i signed a settlement in 2006 for a divorce that said husand was lible for his income taxes and he was to give me the home with the first mortgage. right after signing this settlement, it was discovered that husband had not disclosed that he had the irs put a lien on the home for his tax debt. i tried to have the settlement set aside, but husband being an attorney, managed to have the judge enforce a judgement that included this settlement. this was ordered regardless of his noncompliance to any of aspects of this settlement. i can't afford an attorney, as i'm disabled and sick with cancer. he has been nonresponsive to my followup on this. should i try to get x-husband to sign a quit claim deed to turn over the home to me per the settlement, or should i use some other type of deed? the home was bought and mortgaged in michigan as husband and wife. if i have a deed of ownership for my home, would x-husband's tax lien then go with my ownership of the home to become my liability. can i get a deed with his irs lien on the home? please, help. i'm very lost by all this.
Posted on: 21st Jan, 2008 04:56 pm
Hi Gil,

Welcome to the forum and really sorry to hear your situation.

Now as you have mentioned you should have own the property as per as the divorce decree. So why have not you got the ownership of the house?

Quitclaim deed does not assure you that the title is free from liens. So you may have to pay the mortgage and also the IRS lien.

You have said that your ex husband is "nonresponsive" and at the same time you cannot afford an attorney. So the only way I think consult with your ex and request him to pay the IRS lien, because it his responsibility, and quitclaim the property to you as per the divorce decree.

Feel free to ask if you have any further questions.

Best of luck,
Larry
Posted on: 21st Jan, 2008 05:16 pm
my parents died and left in their will hteir home to me there was a mortage on the home can I do a quik claim deed and an I resposible for the mortage
Posted on: 22nd Jan, 2008 07:20 am
Hi Don,

Welcome to the forum.

What I understanding from your post is that according to the will you are the present owner of the home. You may need to probate the will.

As you own the property, it is your duty to pay the mortgage payments and also inform the lender about your parent's death.

Now whom do you want to quitclaim the property?

Feel free to ask if you have any questions.

Best of luck,
Larry
Posted on: 22nd Jan, 2008 04:52 pm
Larry,

Perhaps, Don is thinking that if he'll sign a quitclaim deed, he will be getting the ownership rights to the property. But he may not be aware that if he has to get ownership through quitclaim, the owners that is, his parents should be signing over the deed.

Since the parents aren't living, so had there been no Will, Don would have to file an affidavit of heirship with county recorder so that he gets over the house. He would also have to show the Death Certificate of his parents to the lender.

God bless you.

Samantha
Posted on: 23rd Jan, 2008 04:00 am
My husband is living in the property that is under both our names on the mortgage, he is now unemployed, behind on the taxes and payments, what can I do so I do not go under because of this. Our divorce has just been filed.
Posted on: 08th Feb, 2008 09:44 am
hi sandy,

welcome to the forum.

is your name both on the deed and mortgage? if so then you and your husband, both will be responsible for the mortgage payments. even if you quitclaim the property, that will not release you from the mortgage. your ex husband will have to refinance the mortgage on his name but it is may be not possible as "he is now unemployed,".

i think you can ask him to sell the house and pay off the due mortgage. if he does not agree with that you can file a partition lawsuit.

there is a discussion on partition lawsuit. you can check this out at - http://www.mortgagefit.com/know-how/removecoborrower.html#partition-lawsuit

feel free to ask if you have any further questions

best of luck,
larry
Posted on: 08th Feb, 2008 10:05 am
I recently got married. My husband purchased property previous to our marriage. He is now requesting that I quit claim his properties and the documents claim that I "forever" release myself from these properties. He states that he will not be able to make any type of transactions without my signature. What does this all mean? It is to my inderstanding that he now needs my signature on his properties since we are now married.
Posted on: 03rd Mar, 2008 10:45 pm
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