Does a quit claim remove grantee from title?

Hi,

Quit claim deed is used to transfer interest in the property in someone else's name but it does not guarantee that the person transferring the interest has clear title. But I do not think in your situation it is required after you had the deed properly recorded.

Hi,
"I filed bankruptcy last year as all of the bill collectors were coming after me to pay the bills deemed as his in the separation which he was not paying.I couldn't afford to pay both his and my bills."
Why you were paying for his bills. Some credits which you two may have jointly taken are the ones for which the collectors come to you but not for his debts.

You said that you quit claimed your interest in the timeshare which he received after the divorce. But you are saying that you surrendered that timeshare in the bankruptcy. Can you make it a bit clearer?

Thanks

Hi JANIS,

I don't think you have any obligation to fulfill after you have already quit claimed your property to the spouse. But may be the time share company is asking for a fee for the change of ownership through quit claim. Personally I don't feel they are justified but different companies have different policies, so may be they charge some money for removing names from title.

Thanks,

Sara.

i think what's happening is what sara explaned above. we were married for 27 years, so most everything was in joint names. although the debt was separated by the courts, the creditors, of course, could care less since we were both on the obligation documents. i can understand that, but i still couldn't pay both what was deemed as his debt and my debt with only my income. since he wasn't paying any of the debt (to include a house and this timeshare, plus a few credit card companies) that the courts split and deemed as his to pay, it was very quickly affecting my credit. i needed to stop the bleeding, so to say, and that's why i filed bankruptcy. i think some people mistakingly believe that if you quit claim, you no longer have financial responsibility, or if you file bankruptcy, you are no longer on the deed. neither is true. a court order for a divorce where property is divided doesn't relieve anyone of debt by the creditor or ownership if they are on a deed. you must actually refinance or file bankrupcy and transfer the title/deed. since i surrendered that timeshare in my bankruptcy, i no longer had any financial obligation with them. but, my name is still on the title. since the timeshare is now in foreclosure, they were including me in the foreclosure process, although they're not seeking financial restitution from me. the timeshare company wanted me to quit claim it to them, for free of course, but my separation court order states that i was to transfer ownership to my (x)spouse, so that's what i did. i quit claimed it to him, not to the timeshare. he was already also on the title, so now he has full ownership and full financial responsibility. my question is... is this enough? do i really have to pay an additional $100 to remove my name from the actual title when i no longer have ownership or financial responsibility? thanks to all of you whom responded! :d

Hi,

I do not think you are liable to pay the timeshare company any amount for removing your name from the title.

Hi Janis,

Your conception is correct. But I do feel that perhaps the timeshare company is charging you the extra $100 just because you have quit claimed the property to your spouse and not to the company. But legally you have done the right thing as the divorce decree commands you to do it.

I don't think you should give them the money. And, by the way, record the quit claim as early as possible as that ensures your name has been removed from title and your ex spouse's name has been added to it.

I shall suggest that you consult a lawyer as this is a legal issue. Take his advice as to how you may proceed in this situation.

Thanks,

Caron.