Legal Question in Real Estate Law in New Jersey

How do I obtain a Quit claim deed?

I purchased a home with my live in boyfriend.He moved out a

year ago.I have been keeping up with the mortgage.I would like to refinance this mortgage without his name since he

obviously wants no part.I was told that i would need him to sign a quit claim deed.Where can I obtain this paper and

who gets a copy?


Asked on 5/21/02, 8:17 am

4 Answers from Attorneys

Ryan Dornish Ryan A. Dornish, Attorney At Law

Re: How do I obtain a Quit claim deed?

Please be advised that I have not been retained to represent you and I am basing this response on the limited amount of information supplied. However, there are a few things to consider - Do you own the home together? If so, will you ex-boyfriend demand to be bought out? In the event he wishes to be bought out, you will need to do a sale. If he will agree to being taken off the deed without being bought out, it is a simple name drop fom the deed and then you could refinance free and clear of his interest. Feel free to contact me if you wish to discuss this further. I can be reached at 908-537-7975.

Good Luck!

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Answered on 5/22/02, 1:03 am
Drew Hurley Law Offices of Drew M. Hurley

Re: How do I obtain a Quit claim deed?

First, your former boyfriend should be contacted to see if he's willing to give up his interest in the property. If he is, then a Deed, whether a quit claim deed or other type, should be prepared by an attorney, properly signed and witnessed, and then recorded in the County Clerk's Office. There is another document that will be needed to ensure that no Realty Transfer Fee will be required by the Clerk's Office. Any competent real estate attorney can assist you. If you are in the Central Jersey area, please feel free to call me.

Drew Hurley, Esq.

(908) 429-1118

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Answered on 5/21/02, 10:12 am
Miriam Jacobson Retired from practice of law

Re: How do I obtain a Quit claim deed?

If there is a legal stationery store near you, check with them.

You may also consult a real estate attorney to prepare the deed and any other documents that need to be recorded with it. In order to effect the transfer of title, the deed must be recorded in the County office (Clerk of Court or Recorder of Deeds).

If you are about to refinance the property, there will be a title insurance company insuring your new lender's mortgage. That company can record your quit claim deed at the same time as the mortgage. There will be a recording fee and transfer tax.

All of this assumes that your ex-boyfriend is willing to sign a deed.

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Answered on 5/21/02, 10:17 am
Walter LeVine Walter D. LeVine, Esq.

Re: How do I obtain a Quit claim deed?

A simple form of quit-claim deed can be obtained from any stationery store, like Staples or Office Max. The Deed should be from your boyfriend to you, signed and notarized and then recorded with the County Register of Deeds or County Clerk of the County in which the property is located. This will put full title in your name. If you need help, contact me directly as [email protected] and I can assist you.

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Answered on 5/21/02, 11:24 am


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