Legal Question in Family Law in Oregon

Re: Quit Claim Deed

Answer: No, do not use a "quit claim" deed. Under the facts you present, the proper document is a BARGAIN AND SALE DEED.

Check the "old" deed by which you and husband took ownership of the property. On that deed, you and husband would be the grantees (the incoming owners of the property), receiving the property from the "grantor(s)." The deed probably lists you and husband as "husband and wife, as joint tenants" or something like that.

On the new deed, you and husband will be the GRANTORS, using the same language as applied to you and husband as grantees in the old deed. So in the new deed --- the Bargain and Sale Deed --- you and husband will be the GRANTORS (outgoing owners), jointly conveying all of your joint title and interest in the property out of your joint names and into your name alone as the GRANTEE (incoming owner), listing yourself as "NEW OWNER, an unmarried person." Also, the legal description of the property on the new deed needs to be exactly the same as it appears on the old deed.

And be sure to have the signatures notarized, with the deed than to be recorded with the County Recorder's Office (NOT filed with the divorce court records).

LAWRENCE D. GORIN

http://www.divorcesource.com/OR/pages/ldgorin.html

Law Offices of L.D. Gorin

521 S.W. Clay St., Suite 205

Portland, Oregon 97201

Telephone: 503.224.8884

E-mail: [email protected]

LAWRENCE D. GORIN

http://www.divorcesource.com/OR/pages/ldgorin.html

Law Offices of L.D. Gorin

521 S.W. Clay St., Suite 205

Portland, Oregon 97201

Telephone: 503.224.8884

E-mail: [email protected]