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undeveloped property in Montana

Posted on: 20th Jun, 2007 06:47 pm
I am divorced and have ownership of a lot in Montana my ex and I purchased while married..the deed is in both our names and I am beginning proceeding for sale..the deed is currently in both our names and I am aware that he must sign it over to me before I can have it changed into my name..
a-do I use a form for Pennsylvania if that is where we currently reside or do I use a form for Montana as that is where the property is located?
b- who do I contact to draft the quit claim? does it have to be an attorney?
Hi LM,

Welcome to Mortgagefit discussion board.

To get full ownership of the lot you will have to use form which is applicable for property transfers in Montana as that is where the property is located and property ownership is also recorded in Montana.

You can draft it yourself but it would be much better if you consult an attorney in this regard as you might not be aware of all the legal clauses that may have to be included in the deed. Attorney would be able to guide you properly.

Do let me know if you have any other questions.

Thanks
Blue
Posted on: 20th Jun, 2007 06:56 pm
I agree with Blue, you should take help of an attorney with this ownership transfer. An attorney would be more informed about the current property laws and would be able to tell you if any special points are to be included in the deed for proper transfer of title.

Miller
Posted on: 20th Jun, 2007 07:07 pm
Hello LM,

"Do I use a form for Pennsylvania if that is where we currently reside or do I use a form for Montana as that is where the property is located?"

As you have deed for the property in Montana, hence it is advisable that you use a form for Montana as it involves the transfer of property for that state.

"who do I contact to draft the quit claim? does it have to be an attorney?"

As you are proceeding to sell the property, then there is a high possibility of the buyers engaging attorneys to make the transfer of title legal. And, the attorneys might not allow a self-drafted deed. Hence, in my view, you should hire an attorney.
Posted on: 20th Jun, 2007 09:54 pm
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