Is a quick claim deed needed from my ex if their name is on the deed but not on the mortgage?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is a quick claim deed needed from my ex if their name is on the deed but not on the mortgage?
Asked on January 22, 2019 under Family Law, Indiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
To transfer their share of ownership and right to the home to you, such as pursuant to the outcome of your divorce? Yes. That they are not on the mortgage has nothing to do with ownership, which is based on the deed. To remove themselves from the deed, they need to deed their interest in the property, such as via a quitclaim deed (it's "quit," by the way, not "quick") to you.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.