Can quick claim transfer personal property?

hi,

a will is definitely better than a quit claim deed if you wish to transfer ownership rights in a property after the death of the current owner.

but if you are concerned with only transfer of interest in a property, then signing a quit claim deed will be enough.

thanks,
jerry

I am on the title community property right of survival, but not the mortgage. Can he quick claim his part to someone else then I would only get a quarter instead of 1/2 the equity?

The title of the property can be transfered through quit claim deed and if he want to pass his rights to someone else then he obviously can.

Hi Going Crazy,

As per the law, spouse may own the property as community property. It carries no automatic right of survivorship. Both the partners have 50%-50% interest on the property. Anytime one of the partners may pass his 50% share of the property to whomever they name in the will.

"Can he quick claim his part to someone else then I would only get a quarter instead of 1/2 the equity?"

So, there is no doubt that he can quit claim deed his part (i.e. 50% only) to someone else at any time. And there is no question of getting a quarter part of the property. As the rest of 50% share of the property is completely yours. And whenever you want you can transfer that in anybody name.

Thanks

my boyfriend and i just bought a house together and he's going to me to quick claim it to him now that were nmot getting married. I can't buy him out or get a mortgage on my own, and I do have some money in it, plus alot of the cleaning and repairs.. Do I have to move out or sign those papers?

Hi Sandi,

Taking out from the title of the house is not looks ok for me. If you are not going to married him, then that does not affect your joint property. You can stay in the property just as the co-owner.

For that I don’t think, quit claim deed is required. I suggest you not to move out from the property and do not sign on those papers.

In future if any body wants to quit from the property, then the person can sell his own portion of the property. There are lots of laws for co-ownership property. So, try to explain him about the co-ownership and ask him to stay with you as the co-owner partners.

Thanks

My girlfriend and I owned a house and we recently split up. I did a quick deed to the house. She has now filed bankruptcy and now the loan people are coming after me for owing balance of 35k. Am I responsible for the outstanding loan even though I signed the quick deed?

hi,

yeah, you are still on the loan even after transferring your interest in the property to your gf. actually a quit claim deed only transfers your interest in the property to another person but, it has nothing to do with the mortgage.

that is the reason , the creditors are coming to you for the payments. to transfer the mortgage you need to refinance it in your gf's name.

now this is a serious problem. if you still have your name on the mortgage and she is unable to make payments on it. that will damage your credit report.

try to refinance the mortgage or seek a novation but it is unlikely that your girl friend will accept that as she has already filed a bankruptcy. anyways you need to try to save your credit report.

can a quick claim deed be done without the permission of the second party on the house loan. Divorce decree doesn't state nore did it state he got the house but sold it stating he did a quick claim deed without my permission.

Hi Kathy,

Welcome to MortgageFit Forums.

As both of you are on the title then, the house can't be sold without your permission. Since you are on the house loan means that your house falls under community property.

Also as you say that it is mentioned nowhere in the divorce decree that the house will go to him. In that case it is illegal.

You can consult your attorney and get back to the court to claim your rights and compensation.

God bless you.

For MortgageFit,
Samantha

im going thru a divorce and both our names are on the house. i was awarded half the interest $31,000 but she is trying to put in the final decree that i am to sign a quick claim deed upon her request, and she is not to pay me my share until she sells the house, moves someone in or re-marries or until the kids turn 18, i said i was not signing anything until i was paid. i have an attorney or sometimes i think i have one, do you have any advise, and can they make me sign those.

Hi Rodney

You are very much on to the point and no one can force you to sign the deed. So take all the measures before signing and thats good decision to wait until you receive the money.

thank you for your response, she has already ruined my credit she had a volvo she took back and did not pay for my score went from a 800 to 560, im stuck with all the credit card debts that total to about $14,000, i cant get a loan to consoladate the cards and interest is killing me . and since my credit is messed up what can i do, i looked into consolidating thru a company that wanted around $720.00 a month is there any other options besides bankruptcy. my e-mail is "rpittman@hhcs.org" if you have any information that you could send.


[Edited by Jessica as per forum rules. Thanks]

Hi Rodney,

Welcome to MortgageFit Forums.

Your divorce attorney is the best person to fight for your rights in this matter. Your attorney can bring out your problems in front of the court staying within the line of law and can help you in not getting deprived.

But I shall advise you not to take it lightly and consult your attorney immediately. The reason is even though you can't be forced to sign a quit claim deed but if she can get it added what she wants in the divorce decree then perhaps no deed will be required after that.

You will be able to take the case back again to the court but it's better if the case is solved before any such thing happens.

God bless you.

For MortgageFit,
Samantha