This form must be filled out by an attorney. Get it Notarized, If Required: Depending on the state in which you live, you may need the quit claims deed form signed by a witness. If this is a requirement in the state that you live in, you will take the form, once completed, to a notary and have him sign as a witness.
If a quit claim deed is required and he refuses to sign it, you can take your ex-husband back to court for violating the terms of your divorce decree. The court could then hold him in contempt of a court order and he could face the possibility of having to serve jail time.
A quit claim deed will remove your ex-spouse from the title of real-estate you've been awarded in your divorce. What can you do if your ex won't sign it? Say you've been awarded the house (or another piece of real estate) in a divorce, and want to know how to get your ex-spouse's name off of the title. The simple answer is a quit claim deed.
Signing the quitclaim is the step you need to take to comply with the court order. If you wanted your share of the equity in the house, you needed to have asked for that during the divorce case. You should have an attorney review all the paperwork with you if you are confused or unsure.
The spouses assume that the property has been divided. Then one of the spouses decides to sell or refinance the property and learns that his or her ex is still on the deed. Acting quickly—while the information about the divorce is still fresh—gives you the best opportunity to prevent future problems.
The grantor must sign the deed according to the law in every state and county. The grantor's signature finalizes the transfer of ownership, and quitclaim deeds aren't considered valid unless the grantor signs them. A certified notary public must typically be present as the grantor signs.
Review the divorce decree to determine who gets the real estate. Obtain a copy of the prior deed to the property. Create a new deed to transfer the property as described in the divorce decree. Submit the new deed to the city or county land records for recording.
To successfully execute a quitclaim deed in Michigan, the property owner needs to complete a quitclaim deed form and sign it in front of a notary. Then they pay any transfer taxes due and record the deed in the land recorder's office in the county in which the property is located.
If an ex-spouse is refusing to comply completely, then your attorney may file a motion for contempt. This motion will tell the court that your ex-spouse was ordered to sell the house, but is willfully failing to do so.
You usually do this by filing a quitclaim deed, in which your ex-spouse gives up all rights to the property. Your ex should sign the quitclaim deed in front of a notary. One this document is notarized, you file it with the county. This publicly removes the former partner's name from the property deed and the mortgage.
If you have been approved to refinancing your home loan through a different lender, you will need to obtain a quitclaim deed form to release your ex of their responsibility to the mortgage. A quitclaim deed is a document that your ex-spouse will need to fill out to give up their rights to the property.
There will be a $30 recording fee. If you prepare a quitclaim deed using the Do-It-Yourself Quitclaim Deed (after Divorce) tool, detailed instructions on what to do next will print out along with the deed.
Once the quitclaim deed is signed by the grantor and accepted by the grantee, it's considered legal and effective. However, some counties in the U.S. require that the grantee sign as well – again, at your local office.
For example, challenging a quitclaim deed given by a close family member or a court-ordered sale has a five-year statute of limitations. The statute for bringing a lawsuit based on fraud or on a contract in Michigan is six years.
You cannot force a sale, but you can try to come to an agreement with them, by either buying them out or selling them your part of the property. If you're currently dealing with a divorce, dealing with your shared belongings can become hard work very quickly.
You Can Damage Your Child Custody Claim One of the most significant ways moving out can influence your divorce is when it comes to child custody. If you move out, it means you don't spend as much time with your kids. Not only can this harm your relationship, but it can also damage your custody claim.
If you and your ex own a home that is in both of your names, they cannot legally force you to sell the house. All of your monies, such as business interests, savings and capital are regarded as matrimonial assets and will often be split 50:50. Your ex can try to force you out of the home, but they cannot legally.
Matti's Question: We held equity loans for two separate properties, and during out divorce, each property was signed off to its respective owner us...
Nancy's Question: The mortgage for our house was originated in my name only to get a better interest rate, but both our names are listed on the dee...
Lori's Question: My husband just stated he wants a divorce. We own a home together (both our names on the Deed itself and the mortgage). My Father...
Andrea's Question: We've been separated for several months and have agreed to the Quit Claim, provided he gets a lump sum of money. Can we do this...
Nancy's Question: My husband quit claimed the house to me in order to get it mortgaged since he was not employed at the time. I have always been th...
Melissa's Question: In our divorce, my ex was awarded the family home and assumes all indebtedness owed and holds me harmless. He is in the process...
Christy's Question: I got the house in the divorce. The deed is now in both mine and my present husband's name. My ex was ordered to make mortgage...
Lauri's Question: We are getting a divorce, but I probably can't qualify for refinancing for at least 5 years because I'm currently a full-time stu...
Deb's Question: I have been separated for four years and am attempting to sell my house. I am the only person on the title & mortgage, and my partn...
Sharon's Question: My ex-husband was ordered to "execute" a quit claim deed for jointly owned property on Indian owned land. Because of the BIA inv...
As we just discussed, divorce settlements usually result in one spouse retaining the marital home. The spouse that does not retain the property will likely need to execute a quitclaim deed.
The grantee would be the spouse that agreed to retain the property on their own or the spouse that was awarded the property as part of the divorce settlement. This spouse is sometimes referred to as the “in-spouse”.
A quitclaim deed (often mistakenly referred to as a ‘quick claim’ deed) is a document that is used to transfer your interest in a property. Sometimes it’s also called a non-warranty deed.
These deeds are basic documents that can be created on your own, or through your family law attorney, or through an escrow or title company.
Once you sign a quitclaim deed and it has been filed and recorded with the County Clerks Office, the title has been officially transferred and cannot be easily reversed.
There are two potential tax consequences of signing a quitclaim deed in a divorce.
In order to transfer ownership of the marital home pursuant to a divorce, one spouse is going to need to sign a quitclaim deed, interspousal transfer deed, or a grant deed, in order to convey the title to the property.
Here are a few things that you need to know before signing a quitclaim deed. 1. Immediately Relinquishes Rights. When you sign a quitclaim deed, you are immediately giving up any rights that you have in a property. For example, let's say that you and your spouse own a piece of property together.
When someone transfers a property to you through a quitclaim deed, you are basically taking the property "as is". There is no implied or legal warranty with the house. Therefore, you need to thoroughly inspect the house before you take a house through a quitclaim deed.
Quitclaim deeds are a very common type of legal document that deals with the rights associated with a property. The forms are commonly used for divorce or joint mortgages. While you may be considering signing a quitclaim deed, you need to fully understand what you are signing before you do. Here are a few things that you need to know ...
However, with a quitclaim deed, there is no such warranty. When you sign a quitclaim deed, it does not necessarily mean that you have any legal rights to the property in the first place.
Does Not Release You from Financial Obligations. Just because you sign a quitclaim deed, that does not release you from any financial obligations by itself. If you had a joint mortgage with someone and you simply sign a quitclaim deed and nothing else, you are still obligated to pay that mortgage.
This is very common with divorce situations in which one spouse is going to continue living in the house and the other one is moving out. The spouse that is staying in the property will provide some type of compensation to the spouse that is moving out if he or she will sign the quitclaim deed.
If you want to detach yourself from the financial obligations associated with the property, you will need to sign a quitclaim deed. However, you will need to combine that with the refinancing process to insure that a new loan is taken out without your name on it. You need the party that is getting your half of the property to pay off the existing loan with a new one. Then you will be free from any financial obligations to the property.
Enforce the judgment. Ask for an attorney-in-fact to be appointed to sign the deed on his behalf.
In addition to seeking contempt to enforce the decree, you may also consider asking the court to issue an order that the Clerk of Court sign the quitclaim deed on your ex's behalf. Do check your decree for the language mentioned above, i.e. decree can be used as a transfer of title.
You should check your decree to see if it contains language that states the decree is sufficient to act as a transfer of title. Your decree may also contain language entitling you to reimbursement for any of your costs associated with transfer of title, if your costs are incurred as a result of your spouse's actions or failure to act.
Peggy's Question: My ex signed the quit claim deed, but insisted it be held by his attorney. The court granted this in a memorandum. The memorandum also stated his attorney was the trustee of this record. It has been over a month and his attorney has not filed the deed with the county record's clerk. It is invalid until it is recorded in the county records. My attorney is unconcerned about this. If my ex dies, or loses his job, or the mortgage payments are not made, does his attorney then own the home? Can he sell it as part of estate, because he is the trustee?
Deb's Question: I have been separated for four years and am attempting to sell my house. I am the only person on the title & mortgage, and my partner has never lived in the house or made payments on the mortgage. My former partner is refusing to sign the Quitclaim form. Is this form really necessary for me to sell my house?
Matti's Question: We held equity loans for two separate properties, and during out divorce, each property was signed off to its respective owner using a quit-claim deed. My ex-husband has failed to meet his financial obligations and the creditors are pursuing me. Am I still liable for this debt, or did the quit-claim deed release my responsibility?
Lori's Question: My husband just stated he wants a divorce. We own a home together (both our names on the Deed itself and the mortgage). My Father is getting a reverse mortgage on his home, to get a lump sum, to pay-off my mortgage in full. WHEN and HOW do I go about getting my husband's name off of the Deed to the house?
Nancy's Question: My husband quit claimed the house to me in order to get it mortgaged since he was not employed at the time. I have always been the main provider for the family, but am worried that in the divorce settlement he will be able to sue for half of the equity in my house. How would the judge decide to divide the equity in my home if I were to divorce?
By signing this document, does this mean that I will get nothing from the house when he sells? Is there anything I can do to make sure that I am not getting "messed over" in this situation?
Lauri's Question: We are getting a divorce, but I probably can't qualify for refinancing for at least 5 years because I'm currently a full-time student with little income. If my husband is involved in a legal action, can I lose my home? Would a quitclaim deed protect me?
Because a quitclaim deed form provides no warranty of title, it is the most popular deed form to remove an ex-spouse. When dividing property in divorce, the goal is to simply to take the ex-spouse off of the title to the property deed. It is more of a release of the property than a conveyance. The spouse that will no longer own the property will release—or quitclaim —his or her interest to the other spouse.
To remove a person from title to real estate, you will need a deed. A deed transfers property from one or more person to one or more other persons. In the divorce contexts, both spouses will sign a deed transferring the former marital property to only one of the ex-spouses. The spouse that receives the property will continue to own the property. ...
As part of a divorce proceeding, the court issues a divorce decree (also called a judgment or order). The divorce decree divides your marital assets. Each spouse gets the property awarded to that spouse in the divorce decree.
At the time of the divorce, the spouses should sign a deed to divide their real estate among themselves. Former spouses that fail to divide their property at the time of the divorce create problems that will surface later. Years pass, the former spouses remarry new spouses, and life goes on. The spouses assume that the property has been divided. ...
Acting quickly—while the information about the divorce is still fresh—gives you the best opportunity to prevent future problems. It also avoids the need to track down your ex-spouse and convince him or her to sign the deed at a later time.
It is more of a release of the property than a conveyance. The spouse that will no longer own the property will release—or quitclaim —his or her interest to the other spouse. In states like California and Florida, the spouses may use a quitclaim deed to transfer the property without warranting title.
If a deed makes a warranty of title, the transferee can sue the transferor over any title issues. Several types of deeds may be used to transfer real estate to an ex-spouse. These deeds are named after the warranty of title they provide. The spouse that is being removed could use a special warranty deed or warranty deed to convey ...