Divorce and Quitclaim Deeds

[Anonymous]

If you kept the house, did you prepare a quitclaim deed yourself or have someone else do it? Can you tell me the process, cost, experience, and who (if anyone) you used?

I'm in D.C.

Thanks

[Anonymous]

I'm a real estate attorney and I can tell you that if you are using a quitclaim deed as part of a division of property you are crazy and definitely need a lawyer.

My firm charges $306.50 to prepare and file the deed (filing fee included)

[Anonymous]

+1

Is there a mortgage on the property, OP?

[Anonymous]

+2. A quitclaim deed leaves you responsible for any debts made against the property that you co-signed.

[Anonymous]

4:42 here. Sorry, that didn't make much sense. What I meant to say is, a quitclaim deed gets you off the title but not off the loan.

[Anonymous]

You need a lawyer. It wasn't that much when I did it. I think it was part of the separation/divorce papers. I was young and poor, so it could not have been that expensive.

[Anonymous]

"I'm a real estate attorney and I can tell you that if you are using a quitclaim deed as part of a division of property you are crazy and definitely need a lawyer.

My firm charges $306.50 to prepare and file the deed (filing fee included)"

I have no idea what this means. If I shouldn't use a quitclaim deed, then why are you saying that you prepare them?

[Anonymous]

I think he's saying to prepare the RIGHT kind of deed, there is no way I would use a quitclaim even though I'm not giving legal advice here (and you should consult an attorney licensed in your state).

[Anonymous]

Yes, well, that's why I asked for recommendations of attorneys. So much for reading comprehension here.

[Anonymous]

I'm in VA. when I divorced, my X agreed that I got the house. This was written out as part of my separation agreement/divorce decree. I had my attorney do the change in the deed. I don't recall if it was a quitclaim though. I did have to work with my lender to assume the mortgage from my X. As a PP mentioned, the quitclaim will remove a person from the property rights but not from the mortgage debt itself. Two separate processes.

[Anonymous]

Anonymous wrote: I'm in VA. when I divorced, my X agreed that I got the house. This was written out as part of my separation agreement/divorce decree. I had my attorney do the change in the deed. I don't recall if it was a quitclaim though. I did have to work with my lender to assume the mortgage from my X. As a PP mentioned, the quitclaim will remove a person from the property rights but not from the mortgage debt itself. Two separate processes.

This is the potential problem, OP. If there's a mortgage and you're not able/qualified (in the bank's eyes) to assume it, or they're just not willing to work with you, they can call the loan -- full balance payable in X days. If you're not able to pay (through refinance, cash, what have you), the bank can forclose on the house. Your ex may be jointly liable for any difference between what's owed and what the bank recieves in the foreclosure sale, but you'll be out of the house, which I assume was a key peice of your property settlement.