Quit claim deed Please help!

[danny09]

What is the name of your state (only U.S. law)? DE

I got divorced few months ago. All the financial things were settled
part of the divorce. Divorce proceedings happened abroad. I own a
house and deed is in my name but I bought this one during the
marriage. The mortgage is also just in my name.

In my divorce documents, It is clearly mentioned that I do not owe anything.

Now if I sell the house do I need to have a quit claim deed? Will there be any kind of legal issues in selling the house?

If I do need to have quit claim deed, what are my options here?


Your help is greatly appreciated.


Thanks
Dan

 

[LdiJ]

What is the name of your state (only U.S. law)? DE

I got divorced few months ago. All the financial things were settled
part of the divorce. Divorce proceedings happened abroad. I own a
house and deed is in my name but I bought this one during the
marriage. The mortgage is also just in my name.

In my divorce documents, It is clearly mentioned that I do not owe anything.

Now if I sell the house do I need to have a quit claim deed? Will there be any kind of legal issues in selling the house?

If I do need to have quit claim deed, what are my options here?


Your help is greatly appreciated.


Thanks
Dan

No, you don't need a quit claim deed nor will there be any issues in you selling the home.

You are the only person on the deed and mortgage and the divorce did not award your ex any share of the home.

 

[Ohiogal]

No, you don't need a quit claim deed nor will there be any issues in you selling the home.

You are the only person on the deed and mortgage and the divorce did not award your ex any share of the home.

Not to mention the divorce proceedings happened abroad and that court may not have had jurisdiction over property in the US.

 

[LdiJ]

Not to mention the divorce proceedings happened abroad and that court may not have had jurisdiction over property in the US.

Absolutely...the bottom line is that he is now divorced and single and is the sole owner of the property.

 

[Ozark_Sophist]

I think OP might run into trouble as Title companies may not issue a title insurance policy unless there is a quit claim deed from the ex.

 

[LdiJ]

I think OP might run into trouble as Title companies may not issue a title insurance policy unless there is a quit claim deed from the ex.

Why? The ex's name was never on the deed or mortgage. Do you think that a title company is responsible to research every single owner of a property to see if they have ever been married and therefore might have an ex out there who might have a claim?

That is beyond the scope of a title company's responsibility...plus the information isn't out there in an accessible database. In addition, a marriage does not convey ownership of a property. It only entitles a person to a share in the marital equity of a property. It has no effect on the title.

No share of marital equity was claimed in this divorce. It is titled soley in OP's name. No quit claim is needed.

 

[mistoffolees]

Why? The ex's name was never on the deed or mortgage. Do you think that a title company is responsible to research every single owner of a property to see if they have ever been married and therefore might have an ex out there who might have a claim?

That is beyond the scope of a title company's responsibility...plus the information isn't out there in an accessible database. In addition, a marriage does not convey ownership of a property. It only entitles a person to a share in the marital equity of a property. It has no effect on the title.

No share of marital equity was claimed in this divorce. It is titled soley in OP's name. No quit claim is needed.

Well, while no quit claim might be NEEDED, that doesn't mean that some banks wouldn't insist on it. If they're in a small town (and since they're in DE, that's a reasonable assumption), the bankers may know about the divorce and want to protect themselves. (Based on my recent experience in financing a couple of businesses, banks are absolutely paranoid right now and are scrutinizing deals more than they have ever before, at least in my lifetime).

I'd go ahead and try it without the quit claim, but the bank might ask for more information. If so, I'd give them a copy of the divorce decree, but they might STILL want a quit claim - in which case, she'll have to go back to court to get it.

 

[nextwife]

Why? The ex's name was never on the deed or mortgage. Do you think that a title company is responsible to research every single owner of a property to see if they have ever been married and therefore might have an ex out there who might have a claim?

That is beyond the scope of a title company's responsibility...plus the information isn't out there in an accessible database. In addition, a marriage does not convey ownership of a property. It only entitles a person to a share in the marital equity of a property. It has no effect on the title.

No share of marital equity was claimed in this divorce. It is titled soley in OP's name. No quit claim is needed.

Yes, the presumption that a title insurer will have an issue providing clear coverage over the sale or refinance of an asset acquired during a marriage is correct. They will ere on the side of caution and include a "requirement" in any commitment that deals with the disposal of the ex's potential marital rights to any real estate held during the marriage.

However, if the decree is properly worded in that it clearly state he has/claims NO interest in any real estate assets she holds, most likely the title insurer will consider that sufficient to "clear" that title requirement. Keep a copy of the decree on-hand to deal with any such situation.

 

[danny09]

Thank you very much all the valuable replies.
I came to know about the terminology "quit claim deed" while trying to remove my ex's name from the home insurance policy. When I called the insurance, they asked for the same and they wont change until I provide them quit claim deed or a document which clearly states she is not interested in the house. Unfortunately my divorce documents doesn't clearly specify that she is not interested in the house "except the statement that as per the court order I do not owe any cost"

thanks

 

[mistoffolees]

Thank you very much all the valuable replies.
I came to know about the terminology "quit claim deed" while trying to remove my ex's name from the home insurance policy. When I called the insurance, they asked for the same and they wont change until I provide them quit claim deed or a document which clearly states she is not interested in the house. Unfortunately my divorce documents doesn't clearly specify that she is not interested in the house "except the statement that as per the court order I do not owe any cost"

thanks

Then you need to go back to court to get the issue cleared up - or you need a quit claim deed. As it is, your title is not clear.