Use of QuitClaim Deed to transfer property

[NeedAdvice]

My husband inherited the small house we now live in. There is no mortgage or liens on the property. But the house is just in his name. I am under the impression a QuitClaim Deed is the easiest way to change this. Is this true? Are there any risks to doing it this way. Funds are tight, so we were hoping we could do it ourselves.

 

[ALawyer]

A quit claim deed could do it -- from owner to owner and spouse as joint tenants, of if you are in a community property state, as community property. But transferring property can be tricky and sometimes spending the extra few bucks on a lawyer pays for itself many times over. For example there may be liabilities, or an easement that is lost, or a mortgage that gets accelerated.....

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This is intended as general information only and NOT LEGAL ADVICE. You are not my client, and I have no obligation of any kind to you. To retain a lawyer, go to http://AttorneyPages.com

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by NeedAdvice:
My husband inherited the small house we now live in. There is no mortgage or liens on the property. But the house is just in his name. I am under the impression a QuitClaim Deed is the easiest way to change this. Is this true? Are there any risks to doing it this way. Funds are tight, so we were hoping we could do it ourselves.<HR></BLOCKQUOTE>

A Lawyer is correct. Also a Quit Claim deed transfers whatever interest the Grantor may have in the property to the Grantee. So if there are recorded, unrecorded liens, judgements etc. on the property, those encumbrances stay with the property. Another problem is if an heir later states that they have interest in the property via a will, the Quit Claim deed is not absolute protection. The best route to go is via a Warranty Deed and a title policy which provides title insurance in the event there are any claims against the title. A real estate attorney is needed.