If you’re the spouse receiving the property, once you remove your ex’s 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.

Does a quitclaim deed affect the mortgage?

A quitclaim deed affects ownership and the name on the deed, not the mortgage. Because quitclaim deeds expose the grantee to certain risks, they are most often used between family members and where there is no exchange of money. Quitclaim deeds transfer title but do not affect mortgages.

Can a Quit Claim Deed be used in a divorce?

However, with a quit claim deed one spouse may give up rights to certain property but not necessarily liability for any mortgage or lien on the property. A problem could arise if one spouse is awarded the marital home in a divorce and the other spouse uses a quit claim rather than interspousal transfer deed to transfer his or her interest.

What happens when you sign a quitclaim deed?

If the marital residence is community property, the parties will have an equal interest in the home, subject to any reimbursements for one spouse’s separate property contributions.

How does a deed work in a divorce?

A deed is a written document that legally transfers property from one person or entity to another. Through a deed, one spouse can give his or her own property to the other, and the property becomes the receiving spouse’s separate property.

When does a spouse sign a quit claim?

The transferring spouse eliminates his rights to the property after signing it. A quit claim is an unusual type of property deed as it contains no warranties of title. By signing the deed, the transferring spouse agrees to transfer whatever ownership rights he has in the property.