Q: Do I need a quitclaim deed if I have a divorce decree saying the home is mine and the title is Married sole and separate
I bought a home in the middle of divorce. My wife at that time signed paper work at the closing (I am not sure what she signed) and the Title ended up in my name sole and separate property, her name is not on the loan and I do not see her name ANYWHERE in my closing documents that were given to me. I am now trying to sell and the title people want a quitclaim deed. Do I need a quitclaim deed for this? What documents would my wife had had to sign that I cant find in my closing documents? Any help please and thank you.
A:
It may be that they are asking her to abandon any possible claim that she has a homestead interest in the house. In most states, when married people live in a house that at least one of them owns, either of them may have a homestead right to occupy the house for the rest of their life even without being named in the record title. Thus, even though she didn't own the house, if she lived there with you as your marital residence she may have a claim to a homestead interest. You were married when you bought the house, so such an interest or a claimed interest could theoretically arise. And since such interests may arise without record notice, many title companies and real estate professionals insist on a non-owner spouse quitclaiming or legally abandoning such right (in some states the homestead interest cannot be waived but may be abandoned). Ask the title company that wants the quitclaim deed from her why they want it. If you don't understand their explanation, consult a local real estate lawyer in your area.
PS: My comments here are for general information only and are not legal advice on your specific situation nor is an attorney-client relationship created with me. Consult an attorney in your state for legal advice for your particular issues and circumstances.
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