How can you change a quitclaim deed to a warranty deed???

Question

My husband finally got a quitclaim deed on the house. His ex-wife had a lien on it. He now wants to get a warranty deed. How does he do that??

Answer 1

He doesn't. The quitclaim deed simply states that the grantor releases any claim to the property. He'd get that one of two ways in the circumstances you mentioned. Either his ex-wife quitclaimed her right to the property as part of the divorce settlement or possibly the lien holder quitclaimed their right to the property when the lien was satisfied -- or possibly both.

He needs to look at the deed that was given when he and his ex-wife purchased the property. Commonly that would have been a warranty deed and is still valid. His ex-wife's quitclaim gives him full legal title to the property.

http://en.wikipedia.org/wiki/Warranty_deed

http://en.wikipedia.org/wiki/Quitclaim_deed

If the original seller gave them a quitclaim deed, there's probably no way now to force them to provide a warranty deed; it should have been structured that way when they originally closed on the property.

Answer 2

I think he needs to fill out the quit claim deed and have it notarized. Then send it to somewhere and I forgot the place, ask the people in the bank, they should know or the person who notarize the document. If 2 people's name is on the original warranty deed, both need to sign the paper. Quit claim deed is there to change the ownership to another person.