After the Court issues a Final Judgment of Dissolution of Marriage. When one spouse receives the marital home as part of their divorce, it does not automatically mean that the house is now theirs. Generally, the Final Judgement will include language that the other spouse will deliver a quit claim deed to the receiving spouse. The quitclaim deed is the fastest way to transfer one spouse’s ownership interest in the property to the other. Quitclaim deeds are usually only appropriate in situations where one family member is transferring an interest in property to another family member. In divorce situations, the receiving spouse knows her ex has an interest to transfer, because they most likely bought the home together.
A quitclaim deed does not make any warranties or promises that there are no liens against the property.
A Signed Quit Claim Deed may not Solve all your Problems
What about the Mortgage!? Most couples have a mortgage on the home—maybe multiple mortgages and home equity loans. At Monarch Law & Title we know how to legally transfer ownership and close the deal. In the event, the parties may have agreed that they would sell the property, we can provide mobile closing or closing on separate days for each of the former spouses.
If the parties agreed or court ordered that one of the spouses will give up his/her marital interest in a property, then we can help the parties execute a quitclaim deed. The other spouse may be reluctant to remove their name from the property because of an existing joint mortgage. The reason is because even if his name is no longer on the title that does not release his legal obligations to the lender.
Because we are attorneys that understand the complexity of divorce and real estate transactions we know the best way to accomplish a smooth closing is that the parties sign the quit claim deed simultaneously with the receiving spouse refinances the property, taking a new mortgage in her sole name to pay off the existing joint mortgage.
What if my former Spouse will not sign a Quit Claim Deed?
A spouse can force their former spouse to sign a quitclaim deed and generally the final judgement of dissolution of marriage includes a clause that they shall cooperate with each other by signing the deed. If the former spouse refuses then the receiving spouse may take him back to court.
Depending how the Final Judgement is worded it can act as a quit claim deed and transfer title to property that served as the marital home. In this case, the receiving spouse would file a certified copy of the final judgement with the clerk of Courts Records department instead of a deed.
No matter how large or small a problem it may be, Monarch Law & Title will work relentlessly to resolved it so that the closing is on time and the buyer has clear title.
Contact us at [email protected] or at 407-377-5585.
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