Question

Quick Claim Deed for divorce?

Daughter has been seperated for about a year now, her soon to be x husband is on the mortage and both are on the deed/ he is in Ill.Dept of corrections for drugs/battery of her and children .He wants nothing to do with the home /he walked away from the home, she was left with all the bills and she is the only one who has been paying the billsShe needs to put the home up for sale. HOW CAN SHE GET A QUICK CLAIM DEED SO SHE CAN PUT THE HOME UP FOR SALE AND HE GETS NOTHING FROM THE SALE OF THE HOME.

7 years ago - 7 answers

Best Answer

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A "Quitclaim Deed" is a legal document by which a person releases or "quits" any claim that they may have had to property. Of the different types of deeds, the quitclaim has the least assurance that the person receiving it will actually get any rights. The person who provides a quitclaim deed makes no warranty or representation that they actually own what they are "quitclaiming." The quitclaim merely provides that whatever they had or may have had, they are conveying it. Other types of deeds are judicial deeds, warranty deeds, deeds of trust, will deeds, and sheriff's deeds.

Common Misspellings: quick claim deed, quit claim deed

Quitclaim deeds do not release the person quitting claim from their obligations under a mortgage, although a quitclaim deed can be a step in the right direction. In order to remove the party who quits claim from the mortgage, you may have to refinance the mortgage in the name of the party to whom title or interest in the property has been conveyed or sell to a 3rd party.

You can find a quitclaim deed at most office supply stores that are approved for use in your state. Or you can search online for a "sample quitclaim (or quit claim) deed"

I'm not sure about the situation with the owner being in jail, but I have helped women get out of loans where the husband could not be found. The court may order him to sign or allow the deed in absentia (in his absence).

If she is on the deed she WILL be listed as a defendant if it goes into foreclosure. Also, although she is not on the mortgage it may show up on her credit report due to the marital relationship.

You should talk to an experienced local real estate broker and/or attorney. What you want to do CAN be done. I would be interested in hearing your final solution.

7 years ago

Other Answers

if he is willing to sign the deed then have some one prepare the deed and take it to him to have it signed

by goz1111 - 7 years ago

he'd have to sign his rights off.

by sarah W - 7 years ago

She can't. If he is a prisoner then he LEGALLY CANNOT SIGN A CONTRACT because he is the ward of the state.

She has to go to court and get a judge's order to allow him to sign to validate his signature, and she has to go through normal court proceedings.

Sorry, no other way around it.

PS: Keep in mind she is NOT stuck with ANY bills that are NOT in her name. If she has no equity in the home, then she just needs to walk away from it b/c it's not her responsibility if her name is not on the deed or the mortgage.

by Mary B - 7 years ago

She should probably get a lawyer to help her because there is more to it than just having him sign a document.

by alterfemego - 7 years ago

Sit down with the Title company and draw up the documents. if he was used to qualify for the loan and is on the mortgage, you can't just remove him with a quitclaim deed. You will have to refinance the loan into just your name, and qualify using just your income, debts, and credit. He will have to sign some papers agreeing to release him from the property through this refinance. www.choicerealestate.net/

by matsonb - 7 years ago

If he is willing, he will need to sign a quit claim deed in order to release ownership in the property. (The loan will be paid off at the time of sale releasing his liability off the loan.) He must be off of title, then the property can be put up for sale.

She may want to consider a little payoff to him if needed. The fact that he is in jail is not good...Often times judgments are filed for Attorney's fees if the client can not afford his Attorney. This will put a lien on the property and must be paid off at the time of sale. (Having parties sign a deed in jail it actually very common. parties will sometimes do this in order to avoid potential liens placed on the property for both Attorney's fees and civil judgments)

Contrary to other posts, he is able to sign a deed in jail.
I have done this a couple of ways...You will need to call the jail and determine the best method.

1.You can send the deed to the jail. There is usually a Notary available at the jail for use.

2. You can send a Notary to the jail with the deed. A Notary is able to use the inmates jail ID as identification. (I have done this personally, good luck finding a Notary willing to do it though.) The jail makes it a safe process, but the waiting is very time consuming. I was also a little freaked Notarizing for a prisoner.

3. If there is an Attorney involved already, she/he can come in on a "legal visit" and get the deed signed an Notarized for you.

Once the deed is received, file it with the county recorder ASAP.

You may want to consider identifying a closing agent now to use for the sale. They can prepare the deed for you and also pull title in advance to see if he has incurred any judgments.
(if he has, have him sign a authorization to release information to his wife or the closing agent so the payoff can be ordered.) Please do not use a deed from the office supply store! If prepared improperly, it can cause more harm than good.

Please note that if the property is located in a community property state. There must be a way to deed of the property indefinitely.

In a state like MO and FL (homestead property only) for example, the spouse must deed of on EVERY transaction. They always have an interest in the property that can not be removed. A deed between spouses is useless.

However in CA, a spouse can deed off one time and will relinquish the interest in the property indefinitely.

Source(s)

by greeneyedblond31558 - 7 years ago