What is a quitclaim deed?
A quitclaim deed is the legal means used to transfer a person’s interest in real estate. Its name comes from the idea that a person is “quitting” their claim on a piece of property.
With a quitclaim deed, the spouse who intends to keep the home is given “valuable consideration” for the home, which can be money or something else of value. Ownership can also be transferred for “good consideration” — or payment that has no value, like gratitude.
The court gave me possession of my home years ago when my wife and I divorced. My ex wife only wanted her clothes and one vehicle from the house. Since then, we have both moved on, both married, and we have no communication with one another. I am now thinking about selling my house. Do I have to give my ex wife some of the proceeds?
Hi Mark,
Thank you for getting in touch with Finder.
If it was ordered by the court that you’re the sole owner of the house and your ex-wife did not contest that, it is up to you if you’re giving her some of the proceeds or not. If your wife spent some money in purchasing the property and you consider her part, you may share some of the proceeds. You may verify this by speaking to your family law attorney.
I hope this helps.
Thank you and have a wonderful day!
Cheers,
Jeni
My son is divorced from his wife and in the divorce agreement she received a lump sum payment and signed off to be removed from deed to the house in Florida. A new deed was filed and the wife was removed and my son is on the deed alone. *Question* Does anything have to be done regarding title insurance which still has her name on it? Or just having a copy of divorce and agreement and new title with just his name on it sufficient. Thanks Peter
Hi Peter,
Thanks for getting in touch with Finder! Once a divorce has been filed, all assets and documentation that was on partnership prior must be addressed accordingly. Given this, since as of current, the title deed doesn’t bear the ex-wife’s name, both parties should settle on who stays on the insurance for the property. It would be best to seek legal advise and review the insurance policy in moving forward.
Hope this helps!
With care,
Nikki
My SOs friend wants to give us his paid for trailer home, free of charge. Would a Quitclaim Deed be appropriate to use?
Hi Jennemycro,
Thank you for reaching out to Finder.
If you are buying a trailer and land, you’ll get a deed for the land, but not necessarily for the trailer. A trailer is only considered real property if it is permanently attached to land. If you are buying a trailer to pull behind your truck for touring the country, it comes with a title, not a deed.
But if you buy a mobile home attached to real property, you’ll get a deed for both. Like a cabin or a villa, a mobile home sitting on a foundation or otherwise attached permanently is real property, and ownership passes with a deed. However, the type of real property you buy does not determine the type of deed you get. A quitclaim would only work if the trailer is attached to the land. Hope this helps!
Cheers,
Reggie
My husband and I file for divorce and it is now final. We own a home together, but we really want to do is to be able to take my name off the deed and the mortgage, without having to sell or refinance at this time. We are residents here in St George, Utah, and my question is there a way of going about this without having to sell the house? I’d appreciate if someone could tell me the right direction on doing so. Thank you, Michelle.
Hi Michelle,
Thanks for getting in touch with Finder. I’m sorry to hear about your divorce. I hope all goes well for you.
Regarding your question, you would need to directly get in touch with your lender. In most cases, to remove your name from a mortgage loan, refinancing or selling is needed. However, sometimes, your lender could offer you an alternative solution especially that the reason you want to remove your name is due to a divorce.
By speaking with your lender, you would know more about your situation and other possible courses of action.
I hope this helps. Should you have further questions, please don’t hesitate to reach us out again.
Have a wonderful day!
Cheers,
Joshua
My ex still has her name on the deed. If a quitclaim is filed, can she then claim to be not financially responsible?
Hi James,
Thanks for getting in touch with Finder. I hope all is well with you. :)
If a quitclaim deed is successfully filed, your ex would be removed from the title. However, if your ex is on the mortgage, a quitclaim does not remove her from any financial obligations for the property. Thus, your ex would still need to may repayments for the mortgage if this is the case.
I hope this helps. Should you have further questions, please don’t hesitate to reach us out again.
Have a wonderful day!
Cheers,
Joshua