Posted on: 26th Dec, 2007 06:57 am
i am divorced now (as of 4 days ago) and have already refinanced the house...it is solely in my name according to the bank. our papers reflect that i am the sole owner as well. when filling out the quit claim deed, are exhusband and i both the grantors and then i am the grantee and since my last name has legally changed back to maiden name now, how do i state that on the quit claim? i have contacted my title company and they say they don't do quit claims and financially not so sure i can afford an attorney. is there another avenue i can pursue?
Hi heathuu,
Welcome to the forum.
To whom are you quitclaiming? If you quitclaim your property, then you will be the grantor but your ex-husband will not be grantor as he doesn't own the property.
There is an article on quitclaim deed in this site. You can check it out- http://www.mortgagefit.com/quitclaim-deed.html
Hope this will help you. Fell free to ask if you have any further questions.
Best of luck,
Larry
Welcome to the forum.
To whom are you quitclaiming? If you quitclaim your property, then you will be the grantor but your ex-husband will not be grantor as he doesn't own the property.
There is an article on quitclaim deed in this site. You can check it out- http://www.mortgagefit.com/quitclaim-deed.html
Hope this will help you. Fell free to ask if you have any further questions.
Best of luck,
Larry
Hello Heathuu,
I think you are correct. If the title of the property is held by both of you then the quit claim has to be signed by both of you as grantors to you alone as grantee and that should have your maiden name.
For example, if John and Mary Smith want to transfer the ownership rights to Mary alone after her last name was changed to Jones then the deed should have John and Mary Smith as grantors and Mary Jones as the grantee.
But was the refinance done in your maiden name? If not, then you should talk to your lender before signing the quit claim.
I think it is better to consult an attorney because you might need legal assistance for doing a quit claim deed.
I think you are correct. If the title of the property is held by both of you then the quit claim has to be signed by both of you as grantors to you alone as grantee and that should have your maiden name.
For example, if John and Mary Smith want to transfer the ownership rights to Mary alone after her last name was changed to Jones then the deed should have John and Mary Smith as grantors and Mary Jones as the grantee.
But was the refinance done in your maiden name? If not, then you should talk to your lender before signing the quit claim.
I think it is better to consult an attorney because you might need legal assistance for doing a quit claim deed.
I would contact another title company. The title company you were working with probably just doesnt want to be bothered.