Legal Question in Real Estate Law in Arizona

I currently reside in Illinois and my ex-wife resides in Minnesota. We did not include our house in our divorce. Now I need to get a quit claim deed to remove myself from the property. Is there an easy form to fill out or do I need a lawyer? I filled the affidavit of property value and sent that in, but it was returned saying that a copy of my deed had not been attached. What exactly do I need to do? Thank you


Asked on 5/02/11, 3:21 pm

1 Answer from Attorneys

Donald Scher Donald T. Scher & Associates, P.C.

You cannot "remove" yourself from the property. If the property is owned free and clear of all liens and mortgages, you can convey your ownership interest in the property to another person. That will require the preparation of a deed of conveyance. If there is a mortgage loan, then you will still be liable for payment of the mortgage, even if you convey title to another. I strongly suggest that you get the advice of counsel so that you can learn how to do what it is that you want to do, release you from liability and do what is legally required to conform to your divorce decree (you may have to modify the court's decree/order of divorce).

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Answered on 5/02/11, 3:54 pm


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