Quit Claim Deed in Ohio

[cstenson2003]

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

My husband and I are divorcing and I will be keeping the house. This is an amicable separation. Our mortgage holder told us we need to do a quit claim deed for this, record it with the county and send them a copy. The problem is that we cannot find the form to use for this!

Does anyone here know where we can find the form to use for this (specific to Clermont County, Ohio, if necessary), the wording necessary so that we can create the form ourselves or if we need an attorney to do this for us. We are going the dissolution route, so we do not currently have an attorney we can use for this and really cannot afford one if it can be avoided. Any suggestions?

Thank you!

 

[FlyingRon]

Quit claim is NOT a "form". It's a deed granting ownership in a property from one person to another. Your best bet is to find a lawyer though you can find sample copies on the legal form sites (there are links to at least one of those elsewhere on this website).

Are you saying the the mortgage company is willing to take his name off the note if he quit claims the property to you? That would be very uncommon. He'd be an idiot to quit claim anything without a simultaneous assurance that he was no longer financially responsible.

 

[justalayman]

STOP



is the loan being assigned to the party retaining ownership with the party releasing their ownership interest also being released from their obligation for the mortgage loan? If not, the party divesting themselves of their ownership interest would be foolish to take this action.


title to (ownership of) the property has no effect on the obligation of the mortgage loan. If somebody releases their ownership interest, they will still owe for the mortgage unless the bank releases them. As Ron stated, it is very unusual for the bank to release anybody from an existing mortgage loan but will typically require the remaining owner to refinance the mortgage loan in order to separate the other party from any obligations.