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  1. #1
    Join Date
    May 2006
    Posts
    1

    Default Quit claim deed

    I have a question...I had purchased a property prior to getting married...the title was under my name alone, but at the time I declared it as "single woman" only, without the "sole and separate property" phrase.

    Now, I am married; I want to get a new loan to cover my existing loan...the new lender says my husband's name MUST appear on the title as well, to which I objected; and she says he would have to sign a quitclaim deed, get it notorized, get it recorded.

    We went to get it notorized; the person at the notory office refused to do it for us, saying his name was never on the title to begin with, what is there to quitclaim on? The person at the title section also said it makes no sense...even if we were to get it recorded, the county record would still show that i'm single...and that I would be receiving letters from them asking what's the deal with the quitclaim deed...

    Now, I'm confused...who is right? what does the law in california say? how can a woman continue to hold sole ownership to her property acquired prior to marriage? Is it just certain lenders that have these requirements?

    any help would be greatly appreciated...

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Quit claim deed

    I don't know why the lender would care how the property is titled, as long as you sign the appropriate releases such that he can't interfere with foreclosure in the event of default. I also don't understand the notary's objection or that of the person at the title section - the quitclaim, from what you describe, would deed the property from you as a single woman, to you and your husband as a married couple. I am also surprised that a lender would find a quitclaim deed satisfactory, as most would want a warranty deed.

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