Legal Question in Real Estate Law in New York

Re: Quit Claim Deed Requirement

You can do this yourself but usually there are other forms that you must file w/ the deed. For example a TP 584 and RP5217 and perhaps smoke detector afidavit.

Debra

Re: Quit Claim Deed Requirement

Okay..regardless of who does it, your husband, if he is on e the deed, must sign it as an owner to get his name off the deed. You cannot unilaterally do this.

Good Luck

RRG

Re: Quit Claim Deed Requirement

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

You need to be careful. Even if your husband is willing to transfer his interest to you, your mortgage may become due and payable in full upon any transfer. Check with your lender first. That said, if you bought title insurance when you bought the house, use a warranty deed rather than a quitclaim. This will enable you to keep the title insurance in force.

Furthermore, most title companys provide deed forms free of charge, at least to attorneys. And yes, your husband must sign the deed in the presence of a notary.

Good Luck.