Legal Question in Real Estate Law in Illinois
title records
I recently married my husband and moved into his home which he bought with his ex-wife.He was granted the property in the divorce via a quit claim deed.There is an existing mortgage on the property which we plan on paying off with money I brought into the marraige. My understanding is that the quit claim deed transferred their joint ownership to sole. How do I protect myself and obtain joint ownership with my husband once the property is free of any leins?
2 Answers from Attorneys
Re: title records
Same way. You just need your husband to execute a deed to the two of you and get it recorded. There are three ways for you to take title, so please consult an attorney.
Re: title records
Your husband needs to execute a new deed to you and he together. It may not be necessary to wait until the liens are removed to do so, and in that he received the property by way of quit claim deed, it may be appropriate to transfer the property to the two of you by employing a title company to conduct a title search and obtain title insurance for your new deed. Also, it is important that you select the right form of ownership, tenants in common, joint tenancy or tenants by the entirety for your situation. If you should have questions or need assistance, my firm can be reached at 630-243-0099.
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