Quitclaim Deed from Husband and Wife to an Individual - Ohio 2025

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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.
In a transaction with title insurance, we recommend the use of a Joint Survivorship Deed for married couples. If youre buying a house, you can request that the title company give you a survivorship deed instead of a standard warranty deed.
The quitclaim deed simply transfers any interest they may have to the other party. 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.
2. Used to Remove One Spouse from Title: During a divorce, if the property is owned jointly, the quitclaim deed can be used to remove one spouses name from the deed. This ensures that the spouse who is not retaining the property has no legal claim to it after the divorce.
When buying a house as a married couple, its generally advisable for both names to be on the deed. Here are some key reasons why: Ownership Rights: Having both names on the deed establishes legal ownership for both partners. This can prevent disputes in the event of a separation or divorce.
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For instance, if youre married, the most common way to title your home is Tenancy by the Entirety (TBE).
Joint tenancy, with joint right of survivorship. This is where all parties (which can be a married couple, or a larger group) have equal ownership. In the case of a married couple, the property is passed automatically to the joint living owner upon the death of the other partner.
How does marriage affect ownership of property? In Ohio, the act of getting married does not give either party an ownership interest in assets that were owned by the other spouse before the marriage. Assets acquired after the marriage may be owned jointly by the couple or held as the separate property of either spouse.

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