Do I have to sign a quit claim? 21 Answers as of August 01, 2013

If my husband buys a house and pays the mortgage with money he receives from commercial building holdings he inherited, and I am not on the title, is there any reason I would have to sign a quit claim to it?

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Law Office of Thomas C. Phipps | Thomas C Phipps
No. A quit claim deed only transfers an interest you already have.
Answer Applies to: Missouri
Replied: 8/1/2013
Frederick & Frederick PLC | James P Frederick
You would sign a quit claim in order to waive your dower rights in the property. That would allow him to sell the property without your permission or to possible transfer title to someone else.
Answer Applies to: Michigan
Replied: 8/1/2013
Stephens Gourley & Bywater | David A. Stephens
You do not have to, but the bank or title company may not close the deal without your signature.
Answer Applies to: Nevada
Replied: 8/1/2013
Neal M. Rimer, Esquire
Neal M. Rimer, Esquire | Neal M. Rimer
Yes, to confirm that you have no interest in that property.
Answer Applies to: California
Replied: 8/1/2013
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
Yes, in order for you not to build a claim of value in the husband's property during the marriage, if his efforts maintain the building during the marriage. Don't sign the quit claim deed unless you are compensated in some way, as your potential community property claim has value, value acquired during marriage. Maintenance of a building is like receiving a salary during marriage, and investing the salary.
Answer Applies to: California
Replied: 8/1/2013
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    If a marriage partner wants to sell or encumber property, the title company (who will be asked to issue a policy of title insurance) will often ask the other partner to sign a q.c. deed. This is to reassure the company that you will not make a claim to the property at some later time.
    Answer Applies to: California
    Replied: 8/1/2013
    Gates' Law, PLLC | Thomas E. Gates
    If you are not on the title, you do not need to sign the Quitclaim.
    Answer Applies to: Washington
    Replied: 8/1/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    Not necessarily, but if he or the company is refinancing or updating a line of credit, the lender may want you to sign off that you have no interest, or it may require that you apply as a borrower, if you refuse.
    Answer Applies to: Nevada
    Replied: 8/1/2013
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    No, and a deed from you would have no effect, anyway.
    Answer Applies to: Oregon
    Replied: 8/1/2013
    James Oberholtzer, Attorney at Law
    James Oberholtzer, Attorney at Law | James Oberholtzer
    Yes, but it is very situation specific. There may be some community property rights from another state involved or a lender won't accept it as collateral for a loan without your signing the loan as a borrower.
    Answer Applies to: Oregon
    Replied: 8/1/2013
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    All lenders will require a Quit Claim to release any interest you may have or claim to have- if any - just make certain no ownership claim is made by you later on.
    Answer Applies to: California
    Replied: 8/1/2013
    The Law Office of David L. Leon
    The Law Office of David L. Leon | David L. Leon
    Yes, it would show that you have no intent of making a claim against that house should you guys divorce.
    Answer Applies to: Texas
    Replied: 8/1/2013
    Martin Barnes - Attorney at Law
    Martin Barnes - Attorney at Law | Martin Barnes
    Good question. Based on what you said - probably not. Talk to a lawyer near you, so that you and your husband understand how to proceed. Disclaimer: The response above does not form an attorney-client relationship, nor is it intended to be anything other than the opinion of the author. It should not be relied upon as legal advice.
    Answer Applies to: Indiana
    Replied: 8/1/2013
    Sanford M. Martin, P.A. | Sanford M. Martin
    No, only an owner generally must sign a quit claim deed. Your inquiry does not explain in detail your involvement in the transaction or why you would believe that you may be required to sign a quit claim deed.
    Answer Applies to: Florida
    Replied: 8/1/2013
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    Yes, in order for him to sell the property he does need your signature. It is a matter of your being married and that you may have some minor claim to an interest in the property just by virtue of your marital status.
    Answer Applies to: Minnesota
    Replied: 8/1/2013
    James T. Weiner & Associates, P.C.
    James T. Weiner & Associates, P.C. | James T. Weiner
    Potentially there is a thing called "Dower" that gives you rights as a spouse.
    Answer Applies to: Michigan
    Replied: 8/1/2013
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    Under certain circumstances and/or in some states, your legal status as wife might give you some claim to the property if your husband dies or you divorce. There may also be tax consequences if you have a claim on the title.
    Answer Applies to: Nebraska
    Replied: 8/1/2013
    Attorney At Law | James G. Maguire
    Probably the title examiners require it. A quitclaim says that you are transferring any interest you may have, even if there is no legal basis for that ownership interest.
    Answer Applies to: Louisiana
    Replied: 8/1/2013
    Coulter's Law
    Coulter's Law | Coulter K. Richardson
    If you were never on the title in the first place, there is no purpose or need to sign a quitclaim.
    Answer Applies to: New Jersey
    Replied: 8/1/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Only so that the lender is confident that you won't make a claim for ownership if your husband dies.
    Answer Applies to: Idaho
    Replied: 8/1/2013
    James Law Group
    James Law Group | Christine James
    Yes, because California is a community property state, and your signing would confirm that it is his separate property.
    Answer Applies to: California
    Replied: 8/1/2013
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