Quitclaim Deed by Two Individuals to Husband and Wife - Illinois 2025

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A quit claim deed in a divorce or legal separation gives one party the sole ownership of the property. This allows that party to sell or mortgage the property without the approval or consent of the other party. It also allows that party to execute a will to give the property to anyone he or she desires.
Ultimately, the main problem with quitclaim deeds is their lack of any guaranty on the part of the person transferring their ownership interest in the property. With a quitclaim deed, the grantor only states that they are transferring any interest they may have in the propertywhatever that interest may be.
This is a pretty easy process. You do not need a lawyer. You simply need to sign a quit claim deed transferring an undivided 50% ownership in the property to your wife. The deed needs to be witnessed, notarized, and then recorded in the real property records of the city/county in which the property is located.
If youre the spouse receiving the property, once you remove your exs name and the property is transferred to you by quitclaim deed, you own all of it. You should review your prior deeds or have an attorney review them for you to help ensure there are no defects in the title.
Because of the lack of title guarantees, quitclaim deeds are most often used to transfer property between two parties who know and trust each other, such as family members.

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Signing. Generally, only the grantors are required to sign a quit claim deed because a grantor is the one who is giving up property rights. Both spouses are considered the grantors in a quit claim deed conveying jointly held real property to one spouse, and so both spouses must sign the deed in front of a Notary Public

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