We are independent & ad-supported. We may earn a commission for purchases made through our links.
Advertiser Disclosure
Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.
How We Make Money
We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently of our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.

What Is a Quitclaim Deed?

By Garry Crystal
Updated May 16, 2024
Our promise to you
SmartCapitalMind is dedicated to creating trustworthy, high-quality content that always prioritizes transparency, integrity, and inclusivity above all else. Our ensure that our content creation and review process includes rigorous fact-checking, evidence-based, and continual updates to ensure accuracy and reliability.

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

Editorial Standards

At SmartCapitalMind, we are committed to creating content that you can trust. Our editorial process is designed to ensure that every piece of content we publish is accurate, reliable, and informative.

Our team of experienced writers and editors follows a strict set of guidelines to ensure the highest quality content. We conduct thorough research, fact-check all information, and rely on credible sources to back up our claims. Our content is reviewed by subject-matter experts to ensure accuracy and clarity.

We believe in transparency and maintain editorial independence from our advertisers. Our team does not receive direct compensation from advertisers, allowing us to create unbiased content that prioritizes your interests.

A deed is essentially a piece of paper that transfers interest in land from one person, called the grantor, to another, called the grantee. It's essentially a real estate contract. To be legally effective, it must be signed by the grantor and describe the land being conveyed. A quitclaim deed, sometimes erroneously referred to as a "quick claim deed" or "quit claim deed," is one type of deed. There are also warranty deeds — both a special warranty deed and a general warranty deed. The deed transfers whatever interest the grantor has in the property to the grantee.

There is an important limitation to this type of deed. Because it only transfers the rights that the grantor has in the property, it does not guarantee that the property is the grantee's outright. If others with an interest in the property have not signed the deed, then their rights are unaffected by this document — they still retain their ownership. In most cases, the signed quitclaim deed is a simple and effective way to give up all interest in a property.

Another popular type of deed is the general warranty deed. In comparison to the general warranty deed, the quitclaim deed is relatively bare bones. While the deed only transfers whatever interest the grantor has, the general warranty deed, by contrast, comes with six covenants (or promises): (1) covenant of seisin: that the grantor does in fact have ownership, (2) covenant of right to convey: that the grantor has the power to convey the interest in the land, (3) covenant against encumbrances: that the title comes without encumbrances such as mortgages or liens, (4) covenant for quiet enjoyment: that third parties won't have any legal claim to the title, (5) covenant of warranty: the grantor will back up the grantee's rights should a third party present a legal claim to the property, and (6) covenant for further assurances: that the grantor will do whatever is reasonably necessary to perfect the grantee's title should there be an imperfection.

While you may be more certain in what you are getting with a general warranty deed, a quitclaim deed can be a good option too. It's particularly useful when there is a cloud of title — when someone else might have a claim to the to the property. While these deeds don't necessarily give you an interest in property that's free and clear, they at least give you the interest that the grantor had.

Alternatively, when there is no concern over other claims of ownership, the quitclaim is a simpler way to pass interest. In fact, it's frequently used in intra-family transfers. The quitclaim deed, for example, is commonly used in divorces. If the family home is not to be sold to another party with the shared proceeds, then this type of deed is a real estate necessity. When one of the people involved in the divorce is keeping the home, the other person needs to quitclaim his or her interest in the house.

There are other uses to the quitclaim deed. If siblings inherit a family home and share ownership with other brothers and sisters, a quitclaim can be used to sell the home. One of the siblings can sell their share in the home to another and use a quitclaim to turn over all their rights and interests of the property with the sale.

SmartCapitalMind is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.
Discussion Comments
By anon351086 — On Oct 10, 2013

My problem is my father in law passed away and we all owned a business on 10 acres. We agreed to split the property when he was diagnosed with cancer. We signed the deed after he passed and when we tried to sell our part, we found out there was a loan taken out on the property. Now my mother in law refuses to pay part of the loan so we can sell the property. What, if anything, can my wife and I do?

By anon347231 — On Sep 05, 2013

My father in law took his property that was in a life estate and now has a quitclaim deed with all three kids' names listed. Does this override the life estate and now do the kids split the property three ways?

By anon338148 — On Jun 11, 2013

My fiancee and I currently live in a two family home with our two small children. Our home was owned by my fiancee's grandfather, who died last month.

We've since learned that the house is in a reverse mortgage and to my understanding, the bank now owns the home. There have been some issues with my fiancee's family as far as who the administrator of the estate should be and they are not getting along right now.

My fiancee's grandfather asked us to move in with him to help him out about five years ago because he had become very ill. We never had a lease and we all chipped in with handling the bills of the house. We need to know what will happen to us now being that he has expired and the family is in a fight over his estate? We have tried to contact the bank for information but they will not give us any because our names are not on the mortgage. I'd appreciate any advice you can share.

By anon294230 — On Sep 30, 2012

My grandfather left his home to me. I was a minor at the time and he did this verbally, but did tell our entire family what his intentions were. He trusted my mother to make sure that the home went to me and the rest of property was to be split between me and my siblings. He added her to the deed, trusting she would do as she was instructed. She is now evicting me from the home.

I have over thirty witnesses, along with my aunts and uncles, who know what my grandfather's wishes were. my mom isn't even part of his family. She married my dad, who passed away when I was young. Can I somehow file a quitclaim deed to show that the home is mine? I need to file a lawsuit to challenge her name being on the deed since she is now trying to evict us. Where do I even start?

By jmh2468 — On Dec 15, 2011

My name was forged on an act of donation and notarized by an attorney/notary public who was also the owner of a mortgage company that was giving a loan to my mother's husband on the house. It has been 10 years and I have just been made aware of this. What can I do if anything at all? I did not live in the state nor did I sign the document.

By anon219642 — On Oct 03, 2011

My situation is that my dad was a resident of Washington at his time of death. He had been given a farmhouse with a piece of land in Michigan, but my grandfather had lifetime lease.(Grandpa was still alive). After my father died with no will, I had to probate the will, as I am the only heir and he was not married, and the farmhouse/land was listed in my name on tax records along with him (grandpa) as the estate in his name. My grandfather died last year and now I need the property in my name. How do I go about this legally?

By anon199502 — On Jul 23, 2011

I am filipina and married to australian foreigner. Now we are living in philippines and after we married, he built a house and lot, and did not include my name in the absolute deed of seal with the title. He used his name and the garantor name with the developer both of them.

Now we are separated. If something happens to my husband can I claim I have shared when he wants to sell the properties? --Tracy

By trappercraig — On Mar 22, 2011

My wife's mom died then she died. She died while we were buying the house and she died before she could get a will written up. The other two kids don't want the house and we have lived there for 16 years and paid the taxes on it ever since we started living there. can she quit deed the house to her name if the other two don't want the house?

By anon151716 — On Feb 11, 2011

My grandmother who is deceased, had a lot with a house on it in her name. My Father lived with my Grandmother and took care of her, paid the bills, etc. There was a verbal agreement the lot would go to my Dad. After the death of my Grandmother, my Father lived there, paid taxes, incurred and paid all expenses associated with the property, including the demolition of the house mandated by the city.

My Father at one time, took the original deed to an attorneys office to make sure there would not be any problems with the lot being passed on to my brother and me. The attorney's office lost the original deed. At that time my father still had living siblings.

My Father is deceased, and his siblings. My brother and I pay the taxes and keep the lot maintained. The tax notice is addressed to my grandmother in care of my brother. This lot has never been through probate.

Could my brother and I file a quitclaim deed, since there was a verbal agreement that my Father have total ownership and subsequently belong to us. We have incurred all expenses with this lot. Thank you for any information you can provide.

By dannyde127 — On Jan 18, 2011

recently my stepfather quitdeeded his condo to me. he has since taken ill and i am currently trying to find a facility to provide hospice care and his only insurance is medicare. the papers read: "transfer of ownership for the fee of $1.00." am i now an owner or joint owner and cam medicare force the sale to recoup costs of care?

By anon140145 — On Jan 06, 2011

my ex husband and i quit claim deeded land to our two minor kids jointly then we built a home on it and one of the kids is an adult now. Can he force his sibling out if they are still a minor and have lived there forever?

By anon135667 — On Dec 19, 2010

My landlord is or was into real estate. He's in a dilemma and he offered to have us on a grand deed. My understanding is that he's already done this with other tenants. He said next month you can start making the mortgage payments.

The mortgage loan is 214,000.00 which we know it's not worth now. What should we do? and if we do go ahead and sign do we just have one of us on the grand deed? Any suggestions would certainly be appreciated.

By anon119269 — On Oct 17, 2010

My wife paid the back taxes on some property that

was about to be sold for back taxes and has been

paying the taxes for years. What do we need to do

to get a deed for the property?

By anon109038 — On Sep 05, 2010

I sign a quit claim deed over to my sister on prop that we owned together. The registered owners are joint tenants with right of survivorship. She never filed the deed with the court or change the register owners. I am still listed as the owner. She died in Oct of 2009. Do I still own the prop?

By anon100366 — On Jul 29, 2010

I own a home and i wanted to quitclaim the deed to my mother. Is this a good practice.

By anon91683 — On Jun 23, 2010

Can I quitclaim my house to my corporation? What are the pros and cons? Would my house then be safe from lawsuits and liens? Who would claim at tax time the interest paid?

By anon89392 — On Jun 10, 2010

I bought my current home about 25 years ago with my children's father in 1985. We needed to refinance in 1998 to pay off his debts of 30,000. Because of his poor credit, he had to quit claim so that we could have the new loan at a better interest rate. Currently, he is not on the title. Our relationship has gone south. Do I have full ownership of the property? Can I have him evicted?

By anon82400 — On May 05, 2010

My mother and I are co-owners of a house. We are both on the deed. We would like for her to be removed from the deed. I have been researching this and it seems that the quitclaim deed will do the job. But i am a bit concerned with the quitclaim as it suggests that the grantor will transfer "interest". I need clarity on what "interest" is. With this "interest", does the grantor gives up ownership??

By anon82381 — On May 05, 2010

Everyone! Just call a local real estate attorney. No one on here can help you, laws are different everywhere. You are looking at between $125-300 for a consultation and any deed paperwork you need done.

By anon80539 — On Apr 27, 2010

My father died in 2009. I inherited all his assets including a house he was named in a deed along with my cousin. I probated the will and made new deed with my name and my cousin. One year later my cousin files a deed which my dad signed Aug 2004. She removed my name and left hers on the new deed. Do I lose any interest to the house?

By anon78301 — On Apr 18, 2010

When my husband got a divorce from his ex wife they made a quick sign to give the house to my husband and we did refinance and joint name of the title. My question is, Is there any way his ex wife can claim the house?

By anon78118 — On Apr 16, 2010

I quitclaimed a mobile home after my husband and I divorced. He died later and the new owner is not paying the property taxes on the mobile home. I currently have a "judgment" filed against me with our county court house for 2009 property taxes. Why didn't signing the quitclaim deed not protect me against this judgment?

By anon77599 — On Apr 14, 2010

I own a house and I wan to give it to my wife since i am about to divorce my wife. The house is owned only by me. My wife does not own it.

Is it possible to quitclaim my ownership to my wife even though her name does not appear in the current

grant deed?

By anon77291 — On Apr 13, 2010

I want to know if I can quick claim my home to my husband and then when we walk away from our home will only his credit be hit and mine will not? We are in Arizona and want to walk away from our home due to the market conditions but don't want to kill both of our credits if we don't have to.

By anon76557 — On Apr 10, 2010

i have just got my name transferred for my house. can i sell the property now or there is a duration time for selling after transfer?

By anon76258 — On Apr 09, 2010

Does a Quit Deed need to be notarized in order to be valid?

By silverfox — On Mar 27, 2010

We are renting a nice home in SC, and the landlord would be very willing to sell us the house at a low price because it is an older home. However, our credit standing is not the best so we were wondering how would we go about asking him to quitclaim the house, if that isn't that much of a concern to him, and to let us lease the land the house.

First, can you tell me how we would go about doing this and if it is possible to do the in the state of SC?

By anon71211 — On Mar 17, 2010

My husband put his house in his sister's name because he did not have credit, so now her sister died and if we have a quit claim deed can he get his house back on his name?

By anon70877 — On Mar 16, 2010

How do I remove myself from a california deed that has no liens or encumbrances against it. I have no interest in it and want my sister who is already on the deed to have the property. How do I go about it?

By anon70331 — On Mar 13, 2010

don't sign a quit claim without any legal advise. bottom line: if you do you are giving up all rights and proceeds to the property.

By anon66443 — On Feb 19, 2010

How do I remove myself from a florida deed that has no liens or encumbrances against it. I have no interest in it and want my sister who is already on the deed to have the property. How do I go about it?

By anon61178 — On Jan 18, 2010

In SC or TX, can you use a quitclaim deed to create a joint tenancy with rights of survivorship?

By ralph52 — On Dec 30, 2009

Do you have to record a quit claim deed in the state of Georgia?

By anon56675 — On Dec 16, 2009

what are the pros and cons with transferring title to an LLC in florida?

By anon56432 — On Dec 14, 2009

A joint line of credit was opened by me and my husband. Now we are divorced. He agreed in the divorce to pay off the debt as it was used to purchase an antique vehicle he kept in the divorce. He did.

The next day he withdrew funds for the limit of the line of credit: $10,000. Is this legal? According to the bank it is. If it isn't, can you direct me to something tangible to show the judge?

By anon54871 — On Dec 02, 2009

My husband has owned his house for about six years now. We just got married and want to know if it's possible to put my name on the mortgage without refinancing.

By shebutl — On Dec 02, 2009

I co-own property with my ex-husband and a friend. I want to give my share to our twin sons. Can I use a quitclaim deed to do this?

And my ex has a girlfriend living on the property (for 10 years), and he has cancer. Can he quitclaim his share to our sons?

By andrej0315 — On Dec 01, 2009

my mother sold her house and bought a new one. This time she put me in the deed (house was paid in full). Recently she wanted to get a loan against the house. I didn't like the idea, and I said no.

She is not working and I just have a part-time job. She got so upset that she told me that if she wants, she can sell the house. Last night I found out through a friend she made me sign a quitclaim deed without my knowledge. Can she sell the house? Is there any way I can find out if the document really exists?

By curious123 — On Oct 06, 2009

A friend (fictitious name: Mary) had just purchased a new home 2 months ago. Her relationship with her boyfriend has gone south. She, apparently, had placed the name of her boyfriend on the title. She has her name only on the mortgage loan. Now that her boyfriend will be moving out, she's afraid she might not be able to meet the financial responsibilities. She is offering to quitclaim the property to a mutual friend (fictitious name: Edna) so Edna will continue payment of the home but will not assume the mortgage. Will Mary be able to refinance this property in the future since the loan is in her name? What will be your advice for both parties so they do not get themselves in a bind. Thank you for your response.

By anon46989 — On Sep 30, 2009

My partner and I just went through the process of buying a home. Due to my credit score, I did not qualify but she was eligible for the house. My concern is if something happens to her and my name is not on the mortgage. will I be put out by the mortgage company and what do I need to do to protect myself at this point when I have used most of my funds for the upkeep of the home?

By anon43216 — On Aug 26, 2009

How can we quitclaim our timeshare into our Revocable Living Trust? (State of CA)

By anon43205 — On Aug 26, 2009

Mu house is paid for and was granted to me in the divorce. However if and when I ever wanted to sell this house would a quitclaim be a legal document to do so in my name only?

By anon41635 — On Aug 16, 2009

My mom recently passed. She owned a small house. My sister lived with her, and at one point, she added my sister to the deed, and it was her intention for my sister to eventually own the house. She passed without making that change. Therefore, my mom's undivided interest in the home would pass to the children - there are six of us. Questions:(1)Could a quitclaim deed be filed transferring the other children's interest to our sister who is already on the deed? (2) Would my sister on the deed have to transfer her interest as one of the children to herself? (3) Would the services of a lawyer be necessary to do this? Thank you for any help you can give.

By snowbear49 — On Aug 04, 2009

So my husband could get a loan to buy a house I had to sign a quick deed. Now I find out if I *ever* wanted a divorce I would not be able to claim community property in this state, WA. If I am now put on the title as I can be does that change my status?

By anon38774 — On Jul 28, 2009

I want to eventually buy my mom's house but for now we decided that a quit claim deed would be better for me until I can go to a mortgage company and get the house refinaced in my name.

By heidiw — On Jul 25, 2009

I think my ex (we were not married, but own the house 50/50) wants me to go for a quitclaim deed with him getting ownership of the house. He is offering money for it of course. I need to know what that means in terms of responsibility and liability for me. And what could it mean in terms of me seeking financing if I want to buy another house?

By curdej — On Jul 17, 2009

If someone passes away and they have a will, can one person in the will push through a title change on the property and not file the will? This is in N.C.

By anon36907 — On Jul 15, 2009

I would like to know what kind of deed that I need to add my name to my mother's property. It is owned outright, but she is getting up there in age and would like to put my name on her property so we do not have probate issues. So do I need a quitclaim or a warranty?

By anon35814 — On Jul 07, 2009

My father passed and their warranty deed states that my father and mother are the owners. The house is paid in full, my mother would like to take my fathet off and place myself (daughter) on the deed. What would be the process to have this done.

By szarnowiec — On Jun 27, 2009

My wife and I are divorcing. I have been temporarily assigned to San Antonio for the past year and 3 months. She lives in California in a home we purchased. She wants the house and has offered to accept a quick claim deed to the house and accept full responsibility for the house and the mortgage. Will the quick claim deed eliminate my responsibility for the house and the mortgage?

By tiff1718 — On Jan 29, 2009

my boyfriend and i are buying two pieces of property from a family friend we have made a down payment and after the balance due is paid in full the seller said that he will do a quick deed. will we then have all rights to property?

By parks4 — On Dec 06, 2008

My guy has asked me to marry him in January. I am moving into his the home he shared from a previous marriage. However when he divorced the home was awarded to him but the ex's name remains on the mortgage and I assumed the deed too. How do we go about having my name added and hers removed legally. We live in Michigan. Thank you.

By katchie — On Oct 18, 2008

I am in california and interested in purchasing a piece of property that belonged to a dear friend of mine before his untimely death this past march.

The question i have is the property was deeded to him and his brother with 50% ownership for each, his brother is OK with me wanting to buy the property. Will a quit claim work with a deed transfer? The brother who passed did not leave a will and we are trying to do this without a probate. He owned nothing else but the portion of this land with his brother. i have done a title search and it came up clear. The property was originally purchased in 1941 by their parents who are both deceased.

By rayb7310 — On Oct 09, 2008


My Grandmother passed 10 years ago and left her home to her 3 grandchildren and daughter but put just my brother on the deed. Can my brother quitclaim the home to our mother and then we could explore the possibility of a reverse mortgage on the property? My brother has no verifiable income and never has and my mother who is 74 is still working full time and is in great debt. The home has no mortgage on it and has been paid off for over 20 years and is worth quite a bit. Any comments?

By voyager1474 — On Sep 11, 2008

I own a house with a friend. I have come to the conclusion that a Quit Claim Deed it would release him from having any claim on the house. With this form would I need to have his signature to sell the house and would he be able to claim any of the proceeds?

By kiser — On Aug 28, 2008

I am in trouble with a loan that was originally purchased by my husband 4 years ago but was refinanced into my name only 2 years ago. We are both on the deed. Can the lender go after my husband if I foreclose? Should he quitclaim to me before he purchases another property for us to live in? Will he be able to purchase another property if his name is the primary on our current homes deed that is already 3+ months behind? Is it possible for me to quitclaim to my lender after he quitclaims to me? Please help I'm almost homeless...

By anon14889 — On Jun 26, 2008

I live in California. Two years ago my brother and I went in together in buying a house. Him being the owner and myself being the co-owner. However, I recently got married and would love to purchase our own house. Before I do that I would like to be taken off the deed. Would that be possible and how? Is the quitclaim the answer?

By pamalashel50 — On Jun 10, 2008

My husband and I are buying a house in Florida for $235,000.00. We can only obtain a loan for $200,000.00; my brother-in-law is giving us the $35,000.00, but he wants to invest/have an interest in this property. Due to him currently going through criminal court from a felony arrest, we do not want his name to be on the deed. How can we do this, in the State of Florida, so that he can get his investment out whenever he wants (with interest, etc), but not have his name legally attached to our property, and what type of deed would we need to file?

By Deatles — On Jun 09, 2008

I own my home outright with no liens etc. I want to put the house in my two children's names. My son and married daughter with a different last name of course. Is this possible with a quitclaim deed?

Thank you

By jgoldston — On May 23, 2008

My husband and I are divorcing. I am keeping the house but since we are upside down on the loan can't refinance for a few years so he will stay on the loan. I would still like to have the home in my name. Is that possible with a quit deed? Thanks....Jeanne

By realestate — On May 12, 2008

We are purchasing a home in Ohio, but we live in California. This home was purchased as a foreclosure and we are now purchasing from the man who originally purchased the foreclosure. What are the risks involved, if any, in purchasing this home using a quit deed versus using a title company?

By anon11961 — On Apr 27, 2008

We currently want to purchase the house next door to us (approximate value is $69,000) to move my mother into so she would be close to us. My mother has a house across town that is paid for and should net approximately 78,000 after rehab if sold. However, we would like to try and keep my mothers house to use as rental property to pay the mortgage on the house we want to purchase for her. We would like to use my mother’s house for collateral with no money down on the new house but will still need to get some of the equity (line of credit about $10,000) in order to rehab her house prior to allowing tenants in it. She is willing to quit claim the house to us to do what we need to do. We just need some advice on the best method to do this. Thanking you in advance for your assistance.

By teresa724 — On Apr 13, 2008

My Aunt died in 1992. She owned a small piece of land. Her husband died 2 years later. He left everything to his brother who has never paid the taxes on the land. Is it possible to pay the taxes and get a deed to the land myself?

By patricia1226 — On Apr 09, 2008

I'm unable to sell my property. Can I quit claim my property back to the lender without suffering a foreclosure? We are also looking at a Deed in Lieu of Foreclosure. Which one is better?

By jahmarley — On Apr 01, 2008

I live in New York. I would like to Quitclaim my house to my son. He lives in Georgia and the house is located in Mississippi. Which state's Quitclaim should I use, New York or Mississippi? Also, can I sign and have the claim notarized in New York and then mail it to him in Georgia to sign and have notarized, and then take and/or mail it to the court in Mississippi for filing?

Thanks, Jahmarley

By anon999 — On Mar 29, 2008

We are unable to sell our property. Will a quitclaim affect our credit? My understanding is that the quitclaim was inserted to basically 'turn over' the property back to the owner...ie., we had no legal recourse to contest this if after so many days our mortgage payment was not paid, we would relinquish interest in the property and the owner would then have it back and all of our payments, instead of buying the land, would then be counted as rent. Is this an accurate understanding?

By chrismp47 — On Mar 03, 2008

As part of the refinancing process I am having my ex-wife sign a quit claim deed as her name is still on the title. We divorced almost 25 years ago but her name was never taken off the title. She has since remarried. On the form I am using it requires her husband to sign as well. The property in question is in Pennsylvania.

My question is this: Is it necessary for her husband to sign as well as her or can she sign alone using her current married name?

By coop — On Mar 02, 2008

My husband and I have been separated for 9 months, I will be filing for divorce within 3 months.

I occupy our home of 11 years with our 2 minor sons, in fact have been given possession of the home on an Order of Protection.

The house is in foreclosure, the mortgage company offered to do a loan modification which I could easily financially afford. The problem is that the house is titled in my husbands name as well as the loan is in his name.

There is no equity in the home and I would be paying full market value for the home in the loan modification.

Is there any legal way that I can keep our home with the loan modification and my husband not have any rights to the home??

He will sign the modification forms, however says that I would have to sign a lease to stay in the home and when the housing market gets better, sell and split the equity.

By rjohnson — On Feb 17, 2008

NEWGUY1018 - Depends on the divorce laws in your state, and whether your state is a community property state. California, for example, is a community property state. In California, all property acquired during the course of a marriage is presumed to be community property - property shared between a husband and wife. All property acquired before marriage, after permanent separation, or by gift is presumed to be separate property. If you live in California, it sounds like that house is separate property, which means it's yours outright. But the law has lots of nuances. So it is best to get legal advice to know how it applies to your particular situation.

By Newguy1018 — On Feb 09, 2008

I bought a house before I got married, now I am getting a divorce and the house is solely mine. My wife was never on the deed. Do I need a quit claim deed even though she was never on the house deed?

By estate225 — On Jan 22, 2008

how does quick claim deed benefit an individual if it's done before marriage?

By lilbitty — On Jan 07, 2008

my sister and her boyfriend bought a house together and now she cheated on him and is going to get married in october, i know too much drama, but the question I have is if she quitclaims the house to her boyfriend to move in with her fiance and her boyfriend forecloses or is late on the payments will it affect her credit still?

thank you in advance

By Zoniemaroni — On Jan 03, 2008

I plan on buying a condo with my son and both our names will be on the mortgage and the deed. At a later date, I would like to quit claim the property to him mostly to avoid reporting it as an asset in the event I seek Nursing Home care.

I will be giving the down payment and he will make payments each month. My intention is for him to retain ownership at the time of my death. Also, If I become incapacitated I do not want him to have a problem with ownership issues.

If I do this, will the Lender be allowed to accelerate payment on the mortgage? Do they know when a Quit Claim is recorded?

By vince2004 — On Dec 03, 2007

Can a quit claim deed be used to return a timeshare week back to the property? If yes, would this release the owner of responsibility for fees, etc.?

By don1555 — On Nov 21, 2007

My wife is on the loan for our home. However, she has quit claimed the property to me. Can I sell the the house without her consent and is she entitled to any of the proceeds from the sell of the house?

By anon5259 — On Nov 18, 2007

I bought a condo in my brother's name and have been paying the mortgage- all in my brother's name.what are the legal and tax implications for both of us?

By anon4327 — On Oct 13, 2007

If one quit deeds back to the lender will there be any future charges from the bank on the property?

By anon4065 — On Oct 01, 2007

I've been married to my husband for 2 years(we've been together for 7 years). Recently my mother in law wanted me to sign a quit claim form concerning a property she owns and would like to leave to my husband in her will. This doesn't make sense to me, how would anyone benefit from this. It feels like a post-nup. Am I over reacting? Anonymous

By cookie — On Sep 18, 2007

My parents got a home loan for me in their name...now I/we are ready to have to house put in my name. Will the quitclaim loan allow for the loan as well to be in my name? Also, do I have to qualify for the loan on the house first?

By Roadking — On Sep 17, 2007

I have a friend that wants to quick claim his house to me he owes 480000 still on the house can he quick claim it to me and do i have to qualify for the loan on the house?

By john5771 — On Sep 16, 2007

I signed a quit claim deed to my father in law after my divorce. I am still living in the house and the mortgage is in my name. Can I re-finance at this time to get equity out of my house and how is it possible for me to still have the mortgage in my name if I signed it over to him? What legal right does he have if all of a sudden he decides to take the house back and kick me out?

By anon3676 — On Sep 11, 2007

the answer to your question depends a lot on where you live. California is a common law state, which means that half of everything acquired during the marriage is shared property. Other places are less liberal about sharing assets between partners.

By anon3660 — On Sep 10, 2007

my husband has bought this house and now he want to sell it only his name is on the house do i have any interest in the house or does he have all say about selling it?

By anon3238 — On Aug 18, 2007

My mother signed a quitclaim deed over to me 7 years ago and I have been living in the house since then with my mother. I have two siblings who would like to sell the house and get their part of it. My mom wishes it to remain with me and for me to do with where ever I please with it, since I have been the sole support for her and my dad, they have not been here to see them or take care of them in the past 20 years. How binding in a quit-deed and do I have to worry about capital gain or my siblings running this through the court system to get their part?

By goosehunter — On Aug 14, 2007

I purchased a house exactly 5 years ago. I recently got married this June. My wife moved into the house I had already purchased. Her mother is the recorder of deeds for the county and she suggested I sign a Quit Claim Deed since my wife's name is not on the title? Maybe I am looking at this wrong, but it seems to me that would remove my name from the title??

By tammie — On Aug 01, 2007

What kind of quit claims deed do I need to add my partner's name to the deed of my house? Would a quit claims deed be the proper way of doing this or could I just go to the court house and add his name to it? I live in Ohio and we do still have a mortgage on the house.

By Pamsgrape — On Jul 30, 2007

We bought a mobile on land and we have been told the owner had died and we don't have a clear deed and need to know how to get one so we can sale the land. How and what do we do?

By anon2575 — On Jul 17, 2007

Though I would definitely check with a lawyer, I live in CA and I'm pretty sure it's a common law state, meaning that anything purchased during the time of the marriage belongs equally to both partners. I'm pretty sure half the house is yours.

By anon2568 — On Jul 17, 2007

Six years ago I signed a quit claim deed so that my husband and I could refinance our house. My credit was not good and we wanted a better rate on the mortgage.

After refinancing, he never put my name back on the deed.

We are now divorcing and he does not want to sell the house and split the equity.

Do I have any claims to the house? We live in CA.

By chilibean — On Jul 12, 2007

My future husband failed to have his ex sign a quit claim deed after he paid her off in his divorce, even though it states in the papers that she would sign one. Can he force her to sign one now? If she doesn't, how will that affect us refinancing the loan (which still has her name on it)?

By debperkay — On Jul 08, 2007

I am currently living with a partner. This has every indication of being a long term relationship. We are not married at this time, however we do pay for a house together. The deed is just in the other partners name. To protect myself we feel I should add my name to the deed. The mortgage is only in the other partners name, what could be possible complications of simply adding myself to the deed. Would I still be able to continue to make mortgage payments as I do now if something happened to my partner?

By anon2345 — On Jul 08, 2007

Three parties owned a house under joint tenancy, one party quit claimed his share into a revocable trust, without telling the other two parties. The person who quitclaimed subsequently died, with his widow revealing this info upon his death. Is it legal for her to quit claim property back to remaining two parties, and would there be tax ramifications.

Thank you

By deshon — On Jul 06, 2007

When you sign a quit-clain deed. who is responsible for the mortgage at this time? Who can claim the house on the tax return?

By anon2205 — On Jul 02, 2007

my mother bought a house and after couple months she added her husbund on the title and then she decided to take her husband off because he is not paying anything or help in anyway can she do a quit claim and will that be legal if she ever decided to refinance her house without him been on the mortgage ?

By bethk1 — On Jun 30, 2007

My mother bought a second house 2 years ago. Her first house is paid off. I (her daughter) live in the second house and have been paying rent or should I say the mortgage for the past two years. I want the house to be in my name...what should we do...do we have to refin? My mother also cannot claim a homestead on this house because she already has another house. What should we do

By cavalleri — On Jun 28, 2007

I would like to buy my moms home for what she owes. she can't afford to pay it now - the problem is - if she sells there is a judgment that gives the other party 1/2 of the profit. I want to have the home in my name and refi - so that she can stay and afford it. can we do a quit claim deed ? and if we can does the house have to be paid for first or can I refi once it is in my name?

By anon2001 — On Jun 23, 2007

my husband bought a house under his brothers name, but he got quite claim form him later. his brother died recently and his wife now claiming for house.i am divorceing now, and i paid part of down payment, and my husband paid montly loan payment,so after divorce do i get part of house? or my brother inlaw wife still have any right to this house?

By danterrico — On Jun 01, 2007

Why do I see one or ten dollars attached to a quiet or a quick claim deed as payment for property?

What is the diffrence of a quick and quite claim deed?

By rogerhurt — On May 31, 2007

Why am I not able to see responses to the above posts?

By anon1285 — On May 23, 2007

My husband purchased a home in his name only due to him getting pre-approved for the loan prior to us getting married. We signed paperwork on the house after we were married, I had to sign a quit-claim due to it being a v.a. loan, and my name not being on the loan originally. Can I use a quit-claim deed to put my name on the title along with my husband?, or does that remove his name entirely?


By anon969 — On May 10, 2007

If my parents do a quit claim deed in SC do taxes need to be paid?

Thanks, Merrily39

By ponderosa — On May 07, 2007

If I wanted to quiteclaim a property from me personally to an LLC I've established, does the property have to be paid off? Also, are there any tax ramifications to me personally if I quiteclaim to the LLC almost immediately after I've purchased it?

By cypresspool — On May 07, 2007

I seek to add my spouse to the deed of trust that I secured when I purchased my home and property in 1998 - and which was prior to our being married. Is a Quit Claim the proper document to achieve this legal step?

By anon857 — On May 07, 2007

my mom did a quit claim in 94, then changed it 2003. can that be done?

By anon751 — On May 03, 2007

I'm unable to sell my property. Can I quit claim my property back to the lender without suffering a forcloseure?

By anon690 — On May 02, 2007

how do i find out if my husband who has agreed to sign a quit claims deed as stated in are divorce really has signed the deed? and if i sell my home would he be entitled to the monies? thank you

By anon291 — On Apr 20, 2007

A Quit Claim deed dated 1930, conveying a piece of property to another, showing alterations, and stamped by county clerk, 2006. What could this mean?

By anon161 — On Apr 17, 2007

My husband and I are divorcing. I want to quit claim the house to him. However, I put $20,000 into the down payment. Do I have any legal rights to re-claim my $20,000?

SmartCapitalMind, in your inbox

Our latest articles, guides, and more, delivered daily.

SmartCapitalMind, in your inbox

Our latest articles, guides, and more, delivered daily.