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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.
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
Posted on: 08th Jan, 2007 08:52 pm
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.
Posted on: 09th Jan, 2007 01:09 am
hi guest,

going for a refinance 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.
Posted on: 09th Jan, 2007 01:28 am
i inherited several pieces of property from my mother, which only has my name on the deed. can i execute a quit claim deed to add my husband and daughter's names to the property?
Posted on: 13th Jan, 2007 10:19 am
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
Posted on: 13th Jan, 2007 10:36 am
My boyfriend of 14 years (we do not live together) sold me a property, but he is still resposible for the mortgage payments, he now wants me to sign a quit claim deed so he can refinance and than transfer the property on his name, I agree totaly, but is my name still going to be on the loan debt?
Posted on: 16th Jan, 2007 02:57 pm
Hi,

You posted your question on this page also - http://www.mortgagefit.com/know-how/about6119.html and some members have given answer to your question, please check the above page.

Colin
Posted on: 16th Jan, 2007 03:06 pm
My 86 years old mother quitdeeded her house with a small mortgage of $30,000 to my brother. The house is valued at $140,00. Now he wants to get an equity loan from the home. She doesn't want it. Is she able to prevent him from getting the loan?
Posted on: 17th Jan, 2007 02:22 pm
Hi Ljoy,

Was the first mortgage transferred in your brother's name or its still in your mother's name?

As now your brother is the owner of the house he can take out an equity loan on it. She can not prevent him from taking out the loan as she has no rights over the house now. But why she is not agreeing to it?

Loan Advisor
Posted on: 17th Jan, 2007 02:33 pm
Welcome ljoy,

Your mother cannot prevent your brother from getting the equity loan. This is because the loan will be taken against the equity in the property of which your brother is the current owner. Thus, your mother may have the prime liability to pay off the mortgage but hen she cannot stop your brother to go for the equity loan.

The loan will be based on home equity which is = (total mortgage amount – total payments made till date).

Thanks.
Posted on: 18th Jan, 2007 12:54 am
The house was bought and paid for out right. I put my son one the deed, but now I want to take him off. Would a quit claim deed work for me? I live in california and need to know if this would be a way to get him off or do I need to seek legal advise?
Posted on: 22nd Jan, 2007 04:35 pm
Hi,

Yes a quit claim deed can be used, but now your son will have to make a quit claim deed to transfer his interest in the house over to you. You can not by yourself remove him from the title of the house as, a person having ownership over property can make a quit claim deed to transfer his interest to another person.

If your son is willing to give back his interest to you then he will have to create the deed for the transfer as the grantor and you being named as the grantee.
Posted on: 22nd Jan, 2007 05:02 pm
Welcome Guest.

A quit claim deed will work for you but your son has to agree with you regarding the transfer of property. Only then can he sign over the deed to you and allow you to take over the property.

If your son agrees to your request, then you may not take legal help. Otherwise, it will be better for you to consult an attorney dealing in real estate.

Thanks.
Posted on: 23rd Jan, 2007 02:03 am
my husban got a quick claim deed about 6 years ago and never filed with the county. Now we missed placed the orginal deed and only have a copy of it. Do we need to go to court again or can we settle this between the other party.
Posted on: 05th Feb, 2007 04:46 pm
Hi Connie,

Welcome to Mortgagefit discussion board.

If the quit claim deed was not filed and recorded at the county recorder's office then you do not have property ownership as of yet. Until the deed is recorded property records won't show your name as the owner of that property.

Copy of that deed will not have any value; you should ask the previous owner of make a fresh deed and get it recorded as early as possible.

Do let me know if you have any further doubts.

Thanks
Blue
Posted on: 05th Feb, 2007 05:04 pm
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