There are two basic types of deeds: a warranty deed, which guarantees that the grantor owns title, and the quitclaim deed, which transfers only that interest in the real property which the grantor actually has. The only type of deed that creates "liability by reason of covenants of warranty" as to matters of record is a general warranty deed. A quit claim deed contains no warranties and the seller doesn't have liability to the buyer for other recorded claims on the property. The purchaser takes the property subject to existing taxes, assessments, liens, encumbrances, covenants, conditions, restrictions, rights of way and easements of record. The quitclaim is often used among family members or from one joint owner to the other when there is little question about existing ownership, or just to clear the title.
Missouri Quitclaim Deed from Ex-Husband and Ex-Wife to Themselves Changing Title from Tenants by the Entirety to Tenants in Common Pursuant to Divorce Decree
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FAQ
It will depend what state the property is in. For example, the minimum fee payable when changing the title to have someone removed from a property title in NSW is $133.48. This fee must be paid to the NSW Government Land & Property Information Department.
If your former spouse won't sign a quit claim deed for property awarded to you, it will be necessary to go back to court to ask the judge to enforce the judgment, with a court ordered quit claim deed.Find your ex-spouse in contempt of court, and sentence him or her to jail until a quit claim deed is signed; or.
A person who signs a quitclaim deed to transfer property they do not own results in no title at all being transferred since there is no actual ownership interest. The quitclaim deed only transfers the type of title you own.
A quitclaim deed will remove the out-spouse (or departing spouse) from the title to the property, effectively relinquishing their equity or ownership in the home. The execution of a quitclaim deed is typically a requirement of a divorce settlement in order to complete the division of assets.
Filing a Quitclaim Deed Once you've been informed that your refinance has been approved, you should have your spouse's name taken off of the deed to the property as well as the mortgage.
Discuss property ownership interests. Access a copy of your title deed. Complete, review and sign the quitclaim or warranty form. Submit the quitclaim or warranty form. Request a certified copy of your quitclaim or warranty deed.
The only way to forcibly change the ownership status is through a legal action and the resultant court order. However, if an owner chooses to be removed from the deed, it is simply a matter of preparing a new deed transferring that owner's interest in the property.
The issue becomes complicated when the party being bought out does not want to sign the Quitclaim Deed until he receives his money. Logically, this makes sense.The key to signing a Quitclaim Deed prior to refinancing is holding the Quitclaim Deed in escrow until the closing of the refinanced loan takes place.
It usually takes four to six weeks to complete the legal processes involved in the transfer of title.