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Sometimes people think if only one spouses name is on a property deed, the other spouse does not own the property or have any right to it. This is not true. Real estate is marital property if it was purchased or paid for during your marriage. It doesnt matter whose name is on the deed.
Quitclaim deeds transfer only the part of the property the grantor actually owns, so if the grantor owns one-fourth of the property, thats all he can transfer to the grantee. If youre the grantee, be mindful that quitclaim deeds can be risky if you dont know or trust the grantor or know the propertys history.
In single name cases (as opposed to situations where both owners names are on the deeds) the starting point is that the non-owner (the party whose name is not on the deeds) has no rights over the property. They must therefore establish what is called in law a beneficial interest.
Quitclaim deeds lack certain protections and promises found in other types of deed to real property. Because of this, they should only be used under certain circumstances. These include transferring real estate between close family members, for instance, from a parent to a child.
If you are the person transferring your property to your ex-spouse, you must sign the quitclaim deed in front of a notary. Then give the deed to your ex-spouse. Your ex-spouse will need to sign the deed and take it to be recorded at the Register of Deeds.
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People also ask

An interspousal transfer deed, more technically called an interspousal transfer grant deed, is a legal document used to give sole ownership of shared property, such as a house, to one person in a marriage. They are commonly employed in divorce cases to transfer community property to one spouse.
One good reason to add a spouse to the deed of your home is for estate planning purposes, which may allow the property to transfer to your spouse outside the probate process, depending on the transfer language utilized in the granting clause. Another reason is for creditor purposes.
If you are the person transferring your property to your ex-spouse, you must sign the quitclaim deed in front of a notary. Then give the deed to your ex-spouse. Your ex-spouse will need to sign the deed and take it to be recorded at the Register of Deeds.
Quitclaim deeds transfer only the part of the property the grantor actually owns, so if the grantor owns one-fourth of the property, thats all he can transfer to the grantee. If youre the grantee, be mindful that quitclaim deeds can be risky if you dont know or trust the grantor or know the propertys history.
Yes, having both names on the houses title wont affect your mortgage or who is responsible for paying it. Whoevers name is on the mortgage will be solely responsible for the loan. To learn how to add a spouses name to the title after getting your mortgage, continue reading below.

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