In any of these situations, a quitclaim deed is an appropriate way to transfer the real property awarded to you in your divorce. Or you may be fine with receiving the property without clear title. You may know for a fact that there is clear title. If you are the person keeping the property as part of your divorce, you and your ex-spouse may have bought the property together during your marriage, and you know that no one else owns the property. People who have been married are likely to know more about the property than a stranger would. It is common to use a quitclaim deed to transfer property in a divorce. Should I Use a Quitclaim Deed or a Warranty Deed? The seller is not responsible to the buyer for a defect in the title. A quitclaim deed only passes the interest in the property that the seller actually has, without any guarantee. A quitclaim deed does not make any promises that the seller owns the property or has clear title to it. How Is a Quitclaim Deed Different from a Warranty Deed?Ī quitclaim deed does not do the same things as a warranty deed. If someone other than the seller has an interest or a right to the property, the seller will be responsible to the buyer. In a warranty deed, the seller (or grantor) guarantees to the buyer (or grantee) that the seller owns the property and has clear title to it. A warranty deed gives more protection than a quitclaim deed to the person receiving the property. You can use either a quitclaim deed or a warranty deed to transfer property. What Is the Difference between a Quitclaim Deed and a Warranty Deed? What Is a Warranty Deed? You and your spouse must sign and file the paperwork with the Secretary of State to transfer title to a car or mobile home. Neither your Judgment of Divorce nor the judge will transfer a title for you. Cars and mobile homes are properties that use titles to transfer ownership, not deeds. Cars and mobile homes are not real property. You do not need a quitclaim deed to transfer ownership of cars or mobile homes. You can use the Do-It-Yourself Quitclaim Deed (after Divorce) tool to get your quitclaim deed. The divorce and the property transfer are separate processes. Your Judgment of Divorce (JOD) will not change the names on a deed for you, and the judge will not change the names on a deed. But if your ex-spouse got the house in the divorce and only their name is on the current deed, then you do not need a new deed. If your ex-spouse got the house in the divorce and only your name is on the current deed, you need a new deed to transfer the property. You need a new deed if both of your names are on the current deed or if the current deed is not in the name of the person keeping the property.įor example, you need a new deed to transfer your share of the property if your ex-spouse got the house in the divorce, but both of your names are on the current deed. Through a new deed, the person who is not keeping the real property can give their share of the property to the person who is keeping it. You might need a quitclaim deed or other type of deed if you or your ex-spouse received a home or other real property in your divorce.
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