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Can quit claim remove name from title?

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 [url=http://www.mortgagefit.com/quitclaim-deed.html]quit claim deed[/url] 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.

Samantha's picture
Samantha | Joined: September 16, 2005 11:59 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

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,
Samantha

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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?

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blue's picture
blue | Joined: October 21, 2005 09:17 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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.

Regards,
Blue

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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.

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Samantha's picture
Samantha | Joined: September 16, 2005 11:59 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi,

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,
Samantha

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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

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Caron's picture
Caron | Joined: July 19, 2005 08:37 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

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.

Thanks,
Caron.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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?
Thanks,
vc

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blue's picture
blue | Joined: October 21, 2005 09:17 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi VDC,

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.

Regards,
Blue

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My husband and I lived together for 2 years. one month prior to our marriage we purchased a home but only in his name. After one year he wanted to re-finance. The mortgage company and husband had me sign a [url=http://www.mortgagefit.com/quitclaim-deed.html]quit deed[/url] because I was not on original mortgage or deed. They stated that all he had to do was go to county office and add me after the refinancing was complete. We have both been married previously with children. In the state of california doesn't he need to add me to deed for the house to come to me after death or interest if divorce happens? Also, what if any are my federal and state tax obligations after signing quit deed?

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Through quit claim deed only the interest on the title gets transferred. You will have to go through a process called [url=http://www.mortgagefit.com/know-how/novation-mtg.html]novation[/url] if you want the title also to get transferred.

You can consult an attorney.

Zeal_Deal

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jerry's picture
jerry | Joined: October 17, 2005 03:24 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi,

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.

Thanks,
Jerry

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I AM GETTING A DIVORCE AND MY HUSBAND SIGNED A QUICK CLAIM DEED. I WILL BE DIVORCED NEXT WEEK AND I WANT TO SELL THE HOUSE. CAN I SELL THE HOUSE WITHOUT HIS SIGNATURE SINCE HE SIGNED A QUICK CLAIM DEED?

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jerry's picture
jerry | Joined: October 17, 2005 03:24 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi,

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.

Thanks,
Jerry

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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

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Jessica's picture
Jessica | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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 [url=http://www.mortgagefit.com/quitclaim-deed.html]quit claim deed[/url].

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.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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.

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blue's picture
blue | Joined: October 21, 2005 09:17 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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

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helping_user's picture
helping_user | Joined: March 31, 2006 03:39 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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

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Samantha's picture
Samantha | Joined: September 16, 2005 11:59 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

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

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

i'm apart of a corporation that owns some investment property. We want to [url=http://www.mortgagefit.com/refinance.html]refinance[/url] 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?

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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

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Caron's picture
Caron | Joined: July 19, 2005 08:37 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

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.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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....

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Caron's picture
Caron | Joined: July 19, 2005 08:37 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Lissa,

I think your husband's credit is affected because he has not been making payments although his name is on the loan. He may have signed a quit claim deed but that does not remover his name from the loan. So, he is still responsible for the loan payments. As such, I don't feel that his credit is affected on account of his wife not making the payments.

Anyway, now that he has already quit claimed the property, it is quite difficult to cancel the deed once executed and get back the property. So, if paying off the loan is your primary concern, and if the first wife also has her name on the mortgage, then your husband can request the lender for a [url=http://www.mortgagefit.com/know-how/novation-mtg.html]novation[/url].

Through novation, the entire liability of paying off the dues will be transferred to your husband. So, if he is regular on making the monthly payments, he will be able to build up good credit within a few months. However, if your husband is the only person having his name on the loan agreement, then novation is not required. He can carry on with the payments and clear the mortgage dues within the specified time period.

Hope this information will help you. Also refer to a previous discussion on Cancel Quit Claim Deed for more information on that issue.

Thanks,

Caron.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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sara's picture
sara | Joined: July 5, 2006 03:16 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Quest,

Novation is the process using which you can transfer your existing mortgage loan to some other person at the approval of the lender. This means that the person taking over the responsibility of the loan will be making all monthly payments and you will be release from the liability.

Thanks,

Sara

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My wife & I divorced a yr ago.Before our divorce we purchased a home.Her name was on the title & at closing I signed to have my name added to it. After our divorce she wanted me to sign a release so she could sell the home.I did not sign a release and the home is now listed to sell. Do I have any rights since I didnt sign the release? We do not have any children together.
Thank You for your help

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Samantha's picture
Samantha | Joined: September 16, 2005 11:59 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Missouri,

You have the right to claim your share of interest in the house. This is because you are a co-owner of the same property. And, until and unless you transfer your share of interest to her and sign a release, she cannot really sell the property.

However, in case you allow her to sell the property, you have the right to demand the sale proceeds corresponding to your share of interest in the property.

Hope this information will help you. For any more clarification, feel free to contact us.

God bless you.

Samantha

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I own a time share in Missouri and have tried to sell it. I want to give it back to the company I bought it from. It is free and clear. Can I initiate a [url=http://www.mortgagefit.com/quitclaim-deed.html]quit claim deed[/url] to get rid of it.

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sitalotbeach's picture
sitalotbeach | Joined: November 3, 2006 09:53 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I think now is your time to hold the reigns on him, you have control. So to speak...Seek an attorney who will help you with the process. You do not want to loose out on the chance to recieve what is due to you.

You will want your attorney to draw up an agreement stating you will sign the quit claim deed with the agreement of paying you 'X' amount of money from the sale of the home. You decide how much. What is the house selling for? What are the proceeds of the sale? How much will a divorce cost? These are all questions you can answer with the help of an attorney. For $100.00 consultation with one, it may well be worth the money!

Best regards

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I have a friend of the family that is wanting to quitdeed her home to my husband and I rather than selling it due to credit issues. Is this possible to do?

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colin's picture
colin | Joined: June 30, 2006 02:50 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Nikki,

Welcome to Mortgagefit forum.

Yes if your friend has sole ownership of the house, then a quit claim deed can be used for such a transfer.

On the other hand if your friend has shared ownership of the house with someone else then your friend will be able to transfer only her share to you.

Colin

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Your friend can quit claim the property to you and your husband instead of selling. But before you buy it from him, just make sure that the property is free from any lien and no other person has ownership interest in it.

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

yeah Mac, I think Nikki's husband should check if the property has any lien and then think about buying. otherwise, he may have to pay to get rid of the liens and save the property. But if the property is free from any lien, Nikki's husband can ask your friend to use a grant deed which ensures that property has clear title.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi,
In 2002, my parents cosigned for me on the home I currently live in. They also each contributed 23K towards my down payment. My contribution was 46K. The title was drawn up with me owning 50% and each of them owning 25%. Since purchasing the home, I have paid for everything. Their only investment was their initial 23K each. I would like both of them off of my title, and they agree that it is the best for all of us. Would filling out this quit claim form remove them from my title & loan without making me [url=http://www.mortgagefit.com/refinance.html]refinance[/url]? Also, will my parents be liable for paying taxes on their initial investment? Please let me know. Thanks so much!!!

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colin's picture
colin | Joined: June 30, 2006 02:50 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Missid,

Welcome to Mortgagefit forum.

Quit claim deed can be used for the transfer of the home ownership in your name. But it will not transfer the mortgage.

For transferring the mortgage in your name it will have to be refinanced.

Colin

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sara's picture
sara | Joined: July 5, 2006 03:16 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Missid,

You need to refinance if you wish to remove your parents as cosigner. Merely by doing a quit claim, you cannot remove them from the loan. However, their names will be taken off from title by the quit claim.

Regarding your second query, I don't think your parents need to pay taxes on the initial investment.

Thanks,

Sara

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helping_user's picture
helping_user | Joined: March 31, 2006 03:39 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Missid,

Quit claim deed will not help you to take off your parents' name from loan. For that you need to refinance.

I found some information on removing cosigner at http://www.mortgagefit.com/discuss/about1777.html . Hope you will get some help from here.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hello, My fiance and I are to be married soon. I live in texas and have been living in his home for two years. The home that he and I live in has his name and his ex wife's name on the mortgage. Do we need to refinance to get her name off of the mortgage or are there any other options? Also they had two homes at the time of the divorce. She got one and he got the one we reside in. His name is still on the note for the one she is living in. Does she need to refinance that home do get his name off of the note or are there any other options? Thanks, clueless in Texas

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Guest,

Welcome here.

Refinance can be good option to take her name off. But your fiance can also try out with novation. It is a process that will legally transfer the debt to the ex-wife. Before your fiancé does novation, he should talk to the lender and take his permission.

Regarding the second home, the one she is living in, both of them need to refinance to get your fiance's name off the loan.

Thanks,
James.

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Caron's picture
Caron | Joined: July 19, 2005 08:37 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Guest,

Going for a [url=http://www.mortgagefit.com/refinance.html]refinance[/url] on two homes doesn't look favorable to me. I personally feel that your fiance should take out a cash-out refinance loan against the home you are living in, and pay off the loan against it.

Next, he should use the extra dollars available through the cash-out refinance loan just to pay of the loan against the home which now belongs to his ex-wife.

Hope this will help you.

Feel free to come up with further queries.

Thanks,

Caron.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I inherited several pieces of property from My Mother, which only has my name on the deed. Can I execute a [url=http://www.mortgagefit.com/quitclaim-deed.html]Quit Claim Deed[/url] to add my husband and daughter's names to the property?

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carnahandavid's picture
carnahandavid | Joined: December 21, 2006 04:07 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Moegee,

Yes, a quit claim deed can be used to include someone to the title of the property by the person who owns it. You should download a quit claim deed form from a website, properly fill up the details and have it notarized and recorded at the recorder's office.

Also consult an attorney to make sure that the deed is made out as per the laws and properly recorded at the county recorder's office.

David

Like | Dislike | Share | Posted: Thu, 02/04/2016 - 23:55 | Post subject:

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