Q: Who can assist me with a quitclaim deed document?
I’m getting an uncontested divorce and under the terms of our agreement, refinance is scheduled to occur in a timeframe not to exceed 4 yrs. The loan is joint and so is the title. We have decided, I will stay in the house; can I change the title to my name via a quitclaim deed? Is it straight forward? Is there any thing else I can do in the near term to protect myself from future title claims? Additionally, I’m assuming full responsibility of the loan payments, maintenance and other home costs per the PSA.
A: Any attorney that practices in the area of real estate should be able to assist you. I have drafted many deeds being executed pursuant to a divorce or a settlement agreement. However, when both parties are on the title to the property, I have never used a "Quitclaim" deed, but instead I use a Deed of Bargain and Sale and when drafted pursuant to the divorce or settlement agreement the recording fees are exempt pursuant to Virginia Code Section 58.1-811.A.15. I don't like using a Quitclaim deed because basically the party conveying the property does so without any warranty of title. It's like saying "I don't know if I have any interest in this property, but whatever interest I have I give to you, but without any warranty. With a married couple who are both on title, they know that they both own the property. Feel free to call my office if you have any questions or need assistance with drafting the Deed. Dominic Lascara; 757-410-8355; dlascara@lascaralaw.com
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