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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.
Hi Em,

Welcome to MortgageFit Forums.

I can understand your disturbance in your mind. I feel sorry for you that you had to face such behavior from your ex-husband.

After marriage your name automatically gets attached to the title of the property of your husband.

Since you are not legally separated you still have the property title ownership along with your husband along with any mortgage taken in your and your ex's name.

So he has requested for a quit claim deed to get your name off the ownership title. But before signing the quit claim deeds please get confirmed that no mortgage is in your name as signing the deed will not take your name off the mortgage.

You can get some idea from the discussion on "Can quit claim deed transfer mortgage debt?".

Feel free to ask if you have any more doubts. Wish you happiness in your new life.

God bless you.

For MortgageFit,
Posted on: 22nd Dec, 2005 12:13 pm
My mother is 76 and tells me she wants to add my name to the deed of her house (which is paid for) to prevent family problems upon her death. She lives in Tennessee. What is the procedure to have my name added?
Posted on: 05th Jan, 2006 10:25 am
Hi Jan,

This is a very good decision to add your name in the deed by your wise mother.

Your mother needs to have a quit claim deed form and fill it up as given. It is required to be mentioned there the names of the persons on the deed and the new one to be added.

Always involve an attorney in the process to be on the safe side and get it recorded in the county's recorder office.

You are welcome to ask for more queries.

Posted on: 05th Jan, 2006 10:32 am
Do a quick claim deed entitle you to homestead exemption? I have a house that my mom and dad signed for. If i get a quick claim deed in my name will I be eligible for homestead exemption? They already have a house in Florida that they get homestead exemption for.
Posted on: 18th Jan, 2006 11:16 am

Welcome to MortgageFit Forums.

Yes a quit claim deed may entitle you to file for a homestead exemption.

If your name is on the deed, you can file for the exemption by showing your proof of ownership recorded in the deed.

Condition is that the property is your permanent home or the permanent home of a person who is legally or naturally dependant on you.

In case it is a jointly held property, all the owners of the property must file.

Feel free to ask if you have any more doubts.

God bless you.

For MortgageFit,
Posted on: 18th Jan, 2006 11:24 am
If I am married and I do not want my name/credit to be used for a mortgage loan. I am expected to sign a "quitdeed" what does this mean to me if my spouse passed away unexpectantly
Posted on: 20th Jan, 2006 08:00 pm
Hi Colleenb,

I guess you want to know whether you will be liable for the mortgage loan even if you sign a quit claim deed. As far as I know, even if your name is not on the mortgage note, you may have to pay for it after your spouse passes away. This may happen if there is no one to take over the responsibility of payment. This is quite obvious also, even if your husband has transferred his share of interest in the property to you through a quit claim deed.

I would suggest that you consult an attorney and explain your situation so that he can guide you further with the legal matters.

Posted on: 20th Jan, 2006 08:25 pm
After reading some of the other questions & responses and i correct in saying that once you get married, your name is automatically added to the deed? I check with the recorders office today for my uncle and the name of his first wife is still on there. Did he need to send a copy of the marriage certificate to have this change? If he wants to quick deed this to his daughter, what would he have to do?
Posted on: 31st Jan, 2006 12:44 pm

Yes your uncle has to send marriage certificate to prove and change the name of his wife in the recorders office.

He can pass his interest in the property to his daughter by signing a quit claim deed and adding her name.

An attorney should be involved in the process to be safe.

Posted on: 31st Jan, 2006 01:05 pm
Posted on: 05th Feb, 2006 11:59 am
through quit claim deed only the interest on the title gets transferred. you will have to go through a process called novation if you want the title also to get transferred.

you can consult an attorney.

Posted on: 05th Feb, 2006 08:35 pm

He should add you in the deed for the house so that you get the ownership after his death. But in case of divorce, if you have your name on the quit claim deed, then you will automatically get your share of interest on the property. Regarding the tax obligations, you will have to pay the state tax obligations on your share of the property.

Posted on: 05th Feb, 2006 09:02 pm
Posted on: 16th Apr, 2006 05:39 pm

As far as I know you can sell that property after quit claim deed. But first you need to get it notarized.

It is advisable that you take attorneys help.

Posted on: 16th Apr, 2006 07:24 pm
I signed a quit claim deed thinking it was something else. My husband was taking out a loan and said this was part of the papers that were needed to be signed. My huband is now selling our home without my signature, and he is proceeding with the real estate agent without me. Is this legal. Thanks, Donna
Posted on: 20th May, 2006 03:59 am
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