Legal Question in Real Estate Law in New Jersey

Quit Claim Deed

My sister is going to get a divorce. Her husband wants her to sign a Quit Claim Deed to take her name off the deed to their house. He said she has to sign it first before he can get it refinanced. Is that true? Thank you.


Asked on 1/03/07, 7:18 pm

3 Answers from Attorneys

Philip Burnham, Esquire Burnham Law Group, LLC.

Re: Quit Claim Deed

I would not recommend proceeding in this fashion. It should be as part of a settlement of ALL the divorce issues. Also, if they were still married, most mortgage companies will want her to sign the new mortgage even if her name is not on the deed.

If the parties have agreed on everything, then they can put this into a written agreement, called a Property Settlement Agreement and they can move forward with the refinance before filing for divorce.

I would be happy to follow up with you. Please email me directly or call my office if you would like to schedule an appointment either in person or by telephone. My contact information is listed in the links below.

Disclaimer: You can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 1/04/07, 9:07 am
Robert Davies The Davies Law Firm, P.A.

Re: Quit Claim Deed

these kind of questions make me very unhappy. your sister needs a lawyer. NOW.

she should not sign anything until she has a lawyer and the lawyer tells her to sign it.

these comments are directed to your sister:

Now, dont take this wrong, but let me summarize:

you are in the middle of a divorce. You have to deal with it very soon.

you have a job.

you might have kids.

child support and college tuition needs to be paid. measured in tens of thousand of dollars.

you have a house, and maybe some money saved. you might have a pension plan.

and you want to do this without an attorney's advice.

Nothing that an attorney can say over this bulletin board can come close to helping you solve your problems. Careless actions by you will likely cost you thousands of dollars, make your life more difficult, and possibly cause additional harm to the kids.

Hire an attorney. Go see an experienced divorce attorney located reasonably near you, and pay the attorney to review your situation carefully with you, and give you some guidance.

Go hire a lawyer, and figure out what you want to do.

If you would like, give me a call; I am in northern New Jersey. I will be happy to discuss this with you; the telephone consultation will be free.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 1/04/07, 1:18 pm

Re: Quit Claim Deed

Yes, BUT, she should be sure that the transfer is part of the COURT ordered settlement of property - refinancing can take place after her rights are secured. She should speak to an attorney BEFORE she signs anything.

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Answered on 1/03/07, 7:50 pm


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