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Must Both Parties Named on the Title Sign a Quit Claim Deed

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  • 01-23-2011, 10:07 PM
    jpcisco
    Must Both Parties Named on the Title Sign a Quit Claim Deed
    My question involves real estate located in the State of: Delaware
    The deed to the property is in both the names of myself and my ex husband, however I am not listed on the mortgage. The loan is the sole responsibility of my ex husband. I would like to execute a quit clai deed and give up my share of the property. My question is: will I need my ex husbands signiture or will I be able to complete this transaction without his cooperation?
  • 01-23-2011, 10:34 PM
    jk
    Re: Must Both Parties Naed on the Title Sign a Quit Claim Deed
    you can transfer your interest separate from your husbands interest. Whomever is listed as grantor on a deed must sign it though for it to be complete.

    Typically you do not need the other co-owners permission to transfer your interest but given there was apparently a divorce involved here, you need to respect any court order regarding the property.

    While you are not liable for the mortgage, have you signed anything allowing the mortgage lender rights to attach the entire property should they foreclose? If so, that liability must also be transferred.


    who are you looking to transfer the interest to and why?
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