Quit claim deed question?

Question

Will a ex spouse need to sign a quit claim deed even if they were not on the title when they bought the house and are now selling it?

no, the ex spouse wasn't on the title and doesn't have any interest. but the title company is try to make them sign a quit claim deed thinking that the ex has interest in the property.

Answer 1

In many states, just being married gives your spouse "Dower rights", meaning they own half the home too.

Generally speaking, your divorce decree can often be recorded in lieu of a quit claim deed, as long as there's language in there about her waiving her rights to the properties. In general, any real property owned would be fully listed and accounted for in any divorce proceedings.

But, if there's not the appropriate language in the decree, the next best thing is to just get the quit claim deed signed. It just makes 100% certain that she is waiving all rights to the property and it's proceeds, so the title company can insure the title is clear.

Answer 2

The following are community property states:
Arizona, California, Idaho, New Mexico, Louisiana, Washington, Nevada, Texas, Wisconsin and Alaska
If you live in any of those states each spouse owns 50% of the property interest undivided if the property was acquired during the marriage and in some cases even on property acquired prior to the marriage depending on the performances and acts of the spouses relating to the management of the sole and separate property. Now then a quit claim deed is an instrument used to convey the legal title to a property by a person to another and it is the worst kind of conveyance instrument that you can use because all that a Quit Claim deed does is say I hereby convey you the interest I have in this property "if any" and it has no guarantees. If the person conveying title with a quit claim deed has no rights to the property then no title or rights pass with the quit claim deed. It's the deed used to sell the Brooklyn Bridge. This type of deed is often used to establish clear title between neighbors, when divorcing, and when attempting to establish color of title in an adverse possession situation.
Buena Suerte

Answer 3

This is a common practice for title companies, mainly as a preventative measure since it's their job to insure clear title. Depending on your state, if you own property and then get married, your spouse may have a claim/interest in that property. If the property has a structure (i.e. house), and the spouse spent at least one night there (slept in the house, lived there, etc.), then your spouse would have an interest in that property.

If the title company you are using is requiring a quit claim deed, then it's probably because your ex-spouse lived in the house. If you think that there will be trouble getting the ex to sign a quit claim deed, discuss this with the title company. They may be able to help with that (sometimes it's easier having a non-biased third party ask for this sort of thing). Good luck, and let us know if you need more info.

Answer 4

The title company's job is to insure the title. That means that if someone (anyone - roofer, plumber, previous owner, ex spouse) comes back later to the new buyer and says "Hey! I'm still owed on this house" or "Hey this is MY house, get out!". (even if they say it without the "Hey!")..... the new owner tells them to go talk to the title company about it.

The title company wants to make sure that this situation will not happen. They check for any filed liens (roofers, plumbers, inground pool installers,etc.) to make sure nobody is legally owed any money. If no final divorce decree addressed the ownership of the house, then the title company is just making sure that the ex spouse is not going to come back in the future and ask for half.

Even if the ex would have no legal standing in your state, some title companies will still want to cover all the possibilities.

Sooooo....... IF you live in a state where the ex would have no legal standing, or if the divorce decree DID address the house and THIS title company still wants a quit claim deed, AND you forsee trouble with the ex in getting one signed, THEN...... try another title company.

Call around and explain your situation. There may be a company that will do it.

The buyer should make sure that the policy they receive does not list claims by the ex spouse as an exception to coverage.

BTW - A quit claim deed does not convey property FROM somebody TO somebody. It just says that the person signing is relinquishing any rights they may have on the property. They want the ex to say "I acknowledge that the house is not mine, and I won't come back later trying to get something for it."

Answer 5

Don't know where you live, but Illinois (where I am) is a homestead state. Even though the spouse isn't on title, if he lived in it at any time while married he could have a possible homestead interest. If the title company is calling for a quit-claim deed they are doing it because it needs to be done. If you have any doubt about this, contact a lawyer to see if he concurs.
Good luck.

Answer 6

You only sign a quit-claim to take someone ON or OFF title.

If the person isn't on title, you shouldn't add the person if it is your ex and they don't deserve any of the proceeds of the sale.

If they are on title, you can remove them with a quit-claim if they agree.

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http://www.thetruthaboutmortgage.com

Answer 7

It depends on whether or not you live in a Homestaed state. Check with a lawyer

Answer 8

does the ex have any legal rights to the property? If not I would say no but you should check to be sure.