Quit Claim Deed Means Giving Up Ownership

Added April 25, 2006 by Ilyce R. Glink

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Summary: When people divorce sometimes one partner will sign a quit claim deed, which gives up that person's ownership to a home. The person who signed the quit claim deed cannot legitimately say that he or his new spouse has any right to the home, even if his name remains on the mortgage loan.

Q: My ex-husband has signed a quit claim 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 quit claim 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 quit claim 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.

April 25, 2006.

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