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Commonly Asked Questions about Quitclaim Deed for Married Couples

The Effect of a Quitclaim Deed A quitclaim deed in divorce transfers the interest from one party to the other. They owned it jointly when married, and the quitclaim deed makes the sole ownership of one party official. With sole ownership, the remaining spouse shall have full property rights.
An interspousal transfer deed is used to transfer the property title from one spouse to another. This special type of deed is most commonly used in the case of divorce, when the proceedings result in the requirement that property goes to one spouse over the other.
The most recognized form for a married couple is to own their home as Tenants by the Entirety. A tenancy by the entirety is ownership in real estate under the fictional assumption that a husband and wife are considered one person for legal purposes. This method of ownership conveys the property to them as one person.
Quitclaim deeds are ideal for non-commercial transactions where guarantees regarding the propertys title, ownership, or insurance are not provided to the grantee. These deeds are commonly used for transferring property to family members, spouses, or into a living trust.
In a quitclaim deed, the rights of one party pass to another party, called the grantor and grantee, respectively. As a spouse, you give up your interest in the property when you sign a quitclaim deed. This means that you no longer have a legal right to it.
A: Yes, a quitclaim deed can protect you by getting the deed in your own name exclusively. This is possible through a divorce proceeding or your spouse can sign a quitclaim to relinquish his rights to the property. If the mortgage is in your spouses name, it doesnt mean he has an ownership interest.