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Quitclaim deed (Rockingham county, NH)

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dcubed

Junior Member
I need to file a quitclaim deed to relieve my ex-wife's claim on my (our) property per the terms of our divorce settlement. She has changed her name since the divorce, yet the deed is in her 'married' name. I was thinking of writing something like, ".... the first party, hereinafter called Grantor, Jane Doe, formerly known as Janet Buck, ......". Is this adequate or do I need to more formally cite her legal name change?
 
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FlyingRon

Senior Member
First off, I wouldn't release ownership without being sure that she was refinancing you off the mortgage obligation. If your divorce decree don't make those mutual steps, you were screwed.

Generally a QC wouldn't list her name as a granter anyhow. You are only deeding YOUR interest to her. If I were here, I wouldn't take a QC anyhow. I'd have my own lawyer draft a special warranty deed.

But anyhow to answer your question, if you what to QC it the way you specified, I'd make the Grant from Don Cubed and Mary Cubed (now known as Mary Free) to Mary Free (formerly known as Mary Cubed). That way the new deed matches up both with the old deed and how she probably wants the ownership to read now.
 

dcubed

Junior Member
Thanks for the reply.

I think you might have it backwards (an honest mistake since most males end up losing the house).

I am keeping the house and am filing a Quitclaim deed to remove her interest and claim on the house. Since I am the sole holder of the note, it is certainly in my best interest to do this.

Does this clarification change your advice?
 

FlyingRon

Senior Member
OK, I understand. Your rather ungrammatical first sentence led me to believe you were doing it the other way around.

In fact, there is NOTHING you can do to get her off the deed.

She needs to deed it to you.
I would use the name that is on the deed with the (now known as Jane Doe) added on.

I'd make sure I'm wording the deed properly (either get a lawyer or find a deed template...click on legal forms on this site...)for your state. Like I said, I'd like a special warranty deed stating she has done nothing further to encumber the property, but you do what you want.
 

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