Ex-Husband Signs Quitclaim Deed
REM #A696
By Ilyce R. Glink
Summary: A reader gained ownership of her house when her ex-husband signed a quitclaim deed. He seems to misunderstand the meaning of a quitclaim deed versus a mortgage. Ilyce helps the reader understand these ownership issues.
Q: My ex-husband has signed a quitclaim deed, giving me his portion of the
house.
He constantly tells me that if he dies and his name is still on the mortgage, I will have to buy his current wife out of his interest in the property.
I didn't think that he had any interest left in the property after he turned it over to me. Is there any truth to what he is saying?
A: I think your ex-husband is trying to torture you. If he signed a quitclaim deed, and it was recorded properly, you would own the property in its entirety. If your husband’s name is still on the mortgage, he is still responsible for payments on the mortgage each month.
That puts you in a nice position – you own the property outright but
your ex-husband is still on the hook with you on the mortgage. He has his name
and credit tied up on the mortgage without ownership of the land.
To make sure your quitclaim deed is legal, you should make sure it was filed
correctly with the local recorder of deeds. If the deed was properly prepared
and recorded, then you own the entire property and his new wife should have
no claim to it, particularly, if your divorce decree gave you the house and
he transferred his interest to you, you should be fine.
For more details, please talk to a real estate attorney or your divorce attorney.
NOTE: This column is distributed by Real Estate Matters Syndicate, PO Box 366, Glencoe, Illinois, 60022. This column may not be resold, reprinted, resyndicated or redistributed without written permission from the publisher.
Refinance Home When Using Quit Claim Deed
Ex-Husband Signs Quitclaim Deed
Divorce Leads To Property Dispute
Divorce Leads to Home Refinance
Divorce Leads To Home Ownership Issues
Link to This Article
Like what you've read? Spread the word! You can link to this article
from your website by copying the following code and adding it to
a page on your website:
Copyright ©2001-2007. ThinkGlink, Inc.
All rights reserved. Reproduction of material from any www.ThinkGlink.com pages without permission is strictly prohibited.
Site designed by Walker Sands Communications
