Title Transfer Through Quit Claim

Added November 12, 2007 by Ilyce R. Glink

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Summary: Title transfer can be done through a quitclaim deed. As long as there is no mortgage on the property, the original property owner can simply execute a quit claim deed listing someone else as the owner of the property. But it's a different story if there is still a mortgage on the property. If there is a mortgage, the original property owner will want the new owner to refinance the mortgage before transferring the title.

Q: My ex-husband and I have been divorced for 4 years. During our marriage, we bought two houses. One is in Colorado and the other is in Georgia.

The house in Georgia is titled in my ex-husband's name alone but it was given to me in the divorce settlement. He hasn't put the deed in my name yet.

Can he just simply use a quit claim deed it to give me the property or is there a better, safer way to transfer title? He has been taking his time, which hasn't really been a problem since I have renters in there. But now I'm ready to get the paperwork done.

A: As long as there is no mortgage on the property, your ex-husband can simply execute a quit claim deed listing you as the owner of the property. You can go through a title company to be sure that everything is done correctly, if you don't mind spending the money.

But it's a different story if there is still a mortgage on the property. If there is a mortgage, your ex-husband is probably waiting for you to refinance the mortgage into your name alone. Until you do, he is on the hook for the loan. If he quit claims the property to you while his name is on the mortgage, he could have a problem down the line. He'll still be legally responsible for the loan but will have given away the collateral.

Please talk to a real estate attorney for more details.

Published: Nov 12, 2007

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