A new Quitclaim Deed needs to be executed and recorded. You enter into the Settlement Agreement first and then once that is in place then you do the Quitclaim Deed.
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How do I revoke a quitclaim deed?
I understand you're looking to revoke a quitclaim deed. Have you already filed the deed with the county recorder's office?
Yes.
Are you looking to revoke the quitclaim deed due to a specific reason, such as a mistake or change in circumstances?
Yes, but my wife doesn’t want to do so and fix it.
We’re going through divorce process.
Thank you for choosing AskaLawyer! My name is Jessica and I am a licensed attorney that will be assisting you with your question.
I am reviewing your question and will be providing a response momentarily.
I am so sorry you are having issues with a Quitclaim Deed. Are both you and your spouse listed as co-owners on the deed?
No.
Ok how does the deed need to be modified?
How can I fix it if we’re going through divorce process?
It depends on what needs to be fixed.
Do I have to do another quitclaim deed to put my name and her name on it?
What’s the best way to do it?
Does she agree to the change of the deed?
Yes, but she wants to do it through her divorce Lawer as an agreement.
A new Quitclaim Deed needs to be executed and recorded. You enter into the Settlement Agreement first and then once that is in place then you do the Quitclaim Deed.
And that will be okay through an agreement?
Yes.
Can I do a grant deed for her, if I did the quitclaim deed in my name only when I do the transfer?
A quitclaim deed is often used to transfer property between family members or to clear up title issues. It transfers whatever interest the grantor has in the property without any warranties or guarantees. This means if there are any issues with the title, the grantee has no recourse against the grantor.
A grant deed, on the other hand, provides more protection to the grantee. It includes an implied warranty that the grantor has not transferred the property to anyone else and that the property is free from any encumbrances made by the grantor. This type of deed is commonly used in real estate transactions where the buyer wants assurance about the title.
In the context of a divorce, using a grant deed might offer more security if you want to ensure that the property is free from claims by third parties. However, the choice between a quitclaim deed and a grant deed should be made based on the specific circumstances and legal advice.
Please let me know if I may be of assistance in the future. Thank you.
Thanks.
Thank you.
