Legal Question in Real Estate Law in Missouri

I am in Missouri. I am recently divorced (April 2011). I was told that I needed to get a "quit-claim deed" done to get my ex-husband's name off the deed to the house. I just had someone else tell me that I don't want to do that because it would cancel my title insurance but that I should do a "warranty deed"? Can you tell me what the difference is? Also when I brought it up to my ex he also said he had been thinking maybe he should not do that until I am able to re-finance and give him half of the equity which according to the divorce decree I will do within the next 2 years when my credit rating is higher etc. Does his name being on the deed give him any rights to the house if I should die or something?

Asked on 1/05/12, 7:13 am

M. Scott Montgomery the montgomery law firm llc

0 users found helpful

0 attorneys agreed

A quit claim deed simply means that your husband is giving up any rights to the property. It is sufficient for what you want to accomplish.

A warranty deed is more commonly used for a sale and means that the seller is giving you a warranty that they are passing good title to you.

You should talk with your title company about issuing the policy in your name alone.

Yes, your husband will have a claim to the house if you die and his name is still on the deed.

If you need further assistance, you can email [email protected]

I hope this helps.

Answered on 1/05/12, 7:25 am

Keywords

Match Any Match All

Country

State

Area of Law