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Quit Claim Deed

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What is the name of your state? North Carolina

11 1/2 years ago my ex-wife and me bought a house on a 20 year owner financed mortgage. The year after we separated, documenting via email agreement that I would pay her half of the then equity value, and she would in turn relinquish any claim to the house, as I solely took over mortgage payments.

Well it was a tumultuous time, with custody battles spanning many years, where in the end I got sole custody of our son. Anyways even though I have documentation I paid her, method being in part I covered her part of shared child daycare costs, no transfer of ownership was ever done.

I have finally downloaded a "Quit Claim Deed" form, which we intent to fill out and get notarized. However I have a concern about some wording in the document;

"KNOW ALL MEN BY THESE PRESENTS, That for and in consideration of the sum of ___________________________ ($__________________) in hand paid to..."

My question about that, since her "relinquish" payment was not paid in hand, nor in one transaction, what to do?

Should I a) Fill in the many years ago agreed upon amount which was fulfilled, or b) Fill in zero ($0) or a symbolic $1 amount, or c) Change the document wording according to our arrangement, or do something entirely different?
 
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quincy

Senior Member
“In hand paid to” does not mean that your ex-wife is holding or has ever “held” anything. It just means she has received compensation, in your case as incident to a divorce.
 

adjusterjack

Senior Member
This is not legal advice but I have seen quitclaim deeds with the following phrase: "for $10.00 and other valuable consideration" or words to that effect. Or you can put in the amount your agreed on back then and hope she agrees that she has actually received that amount or even acknowledges the original deal. Understand that, unless she signs the quitclaim deed, she stays an owner.
 

quincy

Senior Member
I have seen quitclaim deeds with $1 when the transfer of property was incident to a divorce. The amount is not as vital as the signature.
 

quincy

Senior Member
The quit claim will not remove her from the mortgage and she would be a fool to sign a quit claim deed without you refinancing her off the mortgage.
The mortgage loan does not (necessarily) have to be refinanced. The lender should remove an ex-spouse from the existing mortgage loan without penalty when presented with the divorce decree and the quitclaim deed.
 

Taxing Matters

Overtaxed Member
What is the name of your state? North Carolina
I have finally downloaded a "Quit Claim Deed" form,...
And you likely have no idea how good that form is or whether it will meet what your state requires, right? There are tons of forms out there on the internet, some are ok and some are truly terrible. When it comes to transfers of real estate, you want to get it right. This is not something to go super cheap on. Get a real estate lawyer to draft a proper deed for you specific to what you are doing. The cost for that should not be all that much in the scheme of things and you'll have much better assurance that the deed is actually going to do what you want it to do.
 

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