Legal Question in Real Estate Law in Tennessee

Buying a house and needs husband to sign quick claim

How do I get my husband to sign a quick claim in the process of divorce?


Asked on 3/16/07, 2:49 pm

1 Answer from Attorneys

Joseph T. Kirkland, Jr. Kirkland, Rothman-Branning & Associates, PLLC

Re: Buying a house and needs husband to sign quick claim

The actual name of the deed is a "Quit Claim Deed". If you are in a divorce you should ask your divorce attorney.

You can purchase property without getting a Quit Claim from your husband BUT he is going to have to sign the Deed of Trust (mortgage) to acknowledge the fact that you are borrowing money and using the property as collateral. It does not make him liable for the debt and does not affect his rights to the property. Even if you get a Quit Claim from him he will still have to sign the Deed of Trust.

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Answered on 3/16/07, 3:00 pm


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