Posted on: 29th Mar, 2010 04:32 am
Hi,
My husband and I got married in Feb & would like to add my name to the house deed. He is the soul owner of the house. There is a mortgage. Is Quick Claim deed the best way to take care of this issue? Please give me feed back of the following comments I got from another website... (I copied it from another website & pasted here)
Use of a Quitclaim deed is not the best choice if the parties wish to insure that there will be no future contesting of ownership.
Quitclaim deeds do not assure that the title of the property is valid and do not contain warranties or covenants that might apply to the property. A QC does not guarantee that no other person besides the grantor holds an interest in the property; nor will it protect the property from creditor attachment or exempt it from probate action.
Additionally, using such a method to transfer real property always leaves doubt in the legal ownership of the property especially when the property is being held as collateral.
Thank you
My husband and I got married in Feb & would like to add my name to the house deed. He is the soul owner of the house. There is a mortgage. Is Quick Claim deed the best way to take care of this issue? Please give me feed back of the following comments I got from another website... (I copied it from another website & pasted here)
Use of a Quitclaim deed is not the best choice if the parties wish to insure that there will be no future contesting of ownership.
Quitclaim deeds do not assure that the title of the property is valid and do not contain warranties or covenants that might apply to the property. A QC does not guarantee that no other person besides the grantor holds an interest in the property; nor will it protect the property from creditor attachment or exempt it from probate action.
Additionally, using such a method to transfer real property always leaves doubt in the legal ownership of the property especially when the property is being held as collateral.
Thank you
Hi Guest,
It is true that a quitclaim deed does not transfer the ownership free and clear. It does not guarantee if the property that is being transferred has any lien or encumbrances against it. It merely transfers the property in "as is" condition. The grantor of quit claim deed does not provide any guarantee to protect the grantee in case any problem arises regarding the title in future.
These things are to be considered when you purchase a property. In your situation, you are merely trying to add your name to the title. Your husband is the sole owner of the property and there is no other lien on it apart from the mortgage. Thus, I believe there should not be any problem if you are added to the title through a quitclaim deed. You can also get added to the title as a joint tenant with the right of survivorship. The joint tenancy with survivorship rights helps a spouse to get the full title to the property without probate, when the other spouse is deceased.
It is true that a quitclaim deed does not transfer the ownership free and clear. It does not guarantee if the property that is being transferred has any lien or encumbrances against it. It merely transfers the property in "as is" condition. The grantor of quit claim deed does not provide any guarantee to protect the grantee in case any problem arises regarding the title in future.
These things are to be considered when you purchase a property. In your situation, you are merely trying to add your name to the title. Your husband is the sole owner of the property and there is no other lien on it apart from the mortgage. Thus, I believe there should not be any problem if you are added to the title through a quitclaim deed. You can also get added to the title as a joint tenant with the right of survivorship. The joint tenancy with survivorship rights helps a spouse to get the full title to the property without probate, when the other spouse is deceased.