Separate Property The separate property does not get divided between spouses. For instance, if you gain ownership of the marital home, your spouse might claim ownership of a car, a valuable collection, a retirement account, or other valuable property. A special will address the issue of defects that arose during the seller's ownership period. Divorce Record The divorce record is the case file from the divorce. Similarly, LegalZoom does not guarantee the results or outcomes of the services rendered by our legal plan attorneys or attorney-assisted products. If you find the language confusing, contact your attorney for an explanation. Would love to, but my two grandkids are here and a few family members.
However, even though your decree orders your property to be split in a certain way, you may have to take additional steps to make the transfer effective. The court will take into consideration who has the children and need for the house. It has less protection than a warranty deed. Community property law treats all debts taken on during the marriage as being equally owed by both spouses, regardless of the name on the loan. Ask a Lawyer a Question You'll hear back in one business day. Deb's Question: I have been separated for four years and am attempting to sell my house.
For example, let's say that you and your spouse own a piece of property together. A deed is a written document that legally transfers property from one person or entity to another. Therefore, you need to thoroughly inspect the house before you take a house through a quitclaim deed. Both names do not have to be on the deed for a house to be split between the two parties. Problems like these are beyond our control and are not covered by this guarantee.
Many times, an individual that gives up rights to the property will receive some type of compensation for doing so. You need to get your former spouse to sign the quitclaim deed to show you as the sole owner of the home. Ask your attorney if you need help interpreting the language in the decree. Most counties require the deed to have the addresses of all parties involved. This is important because through a deed, marital property can become separate property or vice versa, which is an important distinction in a divorce. It also allows that party to execute a will to give the property to anyone he or she desires. In states like and , the parties may use a to transfer the property without warranting title.
Beverly Bird has been writing professionally since 1983. As currently structured, you are solely responsible for paying the mortgage and he has no responsibility. He is in the process of refinancing the mortgage to remove me from loan, which should be approved soon, and is scheduling a closing. However, the land records where you live show you owning the home with your former spouse. You have a divorce decree that says that you get sole ownership of the home.
At times when land claims needed to be made as quickly and efficiently as possible, the quitclaim was a great tool by which people took title. The person who takes over the property must be able to meet the monthly debt demands. Joint tenancy can be used any time two or more people own property—it is not limited to spouses. Deeds, on the other hand, are actually the legal documents that transfer title from one person to another. I need this to stop and I need to get off the loan. Does Not Warrant the Claim is Valid With other types of deeds, there are implied warrantees that the claim to the property is valid.
Often, real estate is conveyed between ex-spouses by a quitclaim deed, which has the same power to transfer property as does a warranty deed -- but without any warranties. If your case goes to trial and the judge issues a judgment, the judgment is confirmed when the decree is signed and dated by the judge and court clerk. If separate property is mixed with the marital property during the marriage, it becomes marital property. Enforceability The terms of your divorce decree are enforceable and terms regarding property division are rarely modifiable. There are three types of real estate deeds: 1 the general warranty deed, 2 the special warranty deed, and 3 the quitclaim deed. Brette's Answer: Getting the deed in your own name is the answer. This protects the ex-spouse and his or her credit from responsibility if the former spouse does not make payments on time or if the mortgage is foreclosed.
Would a quitclaim deed protect me? Brette's Answer: You can do it but the court can always overrule it. Deeds in rural areas might use meets-and-bounds descriptions of the boundaries, which identify where the property lines are in relation to landmarks. Today, the quitclaim can be used to remove apparent defects in title without the time and expense of litigation. In other words, if we are having difficulty bringing this current now, will they prevent me from being released from the loan until it is current, which might not happen anytime soon. The deed includes step-by-step guidance to help you make legal decisions to reach your goals. An important difference between an interspousal transfer deed and a quit claim deed is that a quit claim comes with no guarantees or promises about property ownership.
However, the abuse must be violent and the abused spouse must be able to prove it. In some states, the document that secures the property is called a mortgage. To remove an ex-spouse from the deed, the spouse who will not keep an interest in the property must sign a deed conveying the entire property to the spouse that will keep the property. It is possible for you to be removed from the deed without being removed from the loan. To remove a person from title to real estate, you will need. If your name is on the mortgage and you quitclaim your interest in the property to your spouse, the lender can still come after you for payment even if you no longer own any part of the property.
When you need to transfer ownership in the marital home from one spouse to the other during a divorce, a quitclaim deed is the easiest way to go about it in most states. If you want to assign rights of real property to your spouse or vice versa before ending the marriage both you and your spouse must agree to the terms. Jane's Question: My ex signed a quitclaim deed transferring ownership to me in California. Now that I am ready to get my land paid off she is refusing to sign the quit deed and says she wants me to pay her 15,000 dollars to sign the property over. A divorced person might need her divorce record if she's challenging one or more decisions or agreements made in the original divorce or for personal record-keeping. A warranty deed is one in which a property owner, when transferring the title, warrants that he owns the property free and clear of all liens. In order to face difficulty in the future, you should ask your spouse to refinance in their name only.