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how to write a quitclaim deed

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francero

Junior Member
I bought a property in my name. My wife wanted to be added as an owner so we filed a quitclaim deed saying john doe quitclaims the property xxx to john doe and jane doe. So far so good. But now we are splitting up and as part of our agreement I am getting the house back. So do we now file a quitclaim deed saying “jane doe quitclaims the property xxx to John doe” or should the quitclaim deed read “john doe and jane doe quitclaim the property to John doe”?

We are in Washington state if that makes a difference. Thank you very much for your input with this confusing technicality.
 


quincy

Senior Member
you want a warranty deed written by your attorney, and a title insurance policy

Warranty deeds are more often used when selling or purchasing a property.

A quit claim deed will work to remove francero's wife from the title, changing the ownership from joint ownership to sole ownership of the home by francero.

That said, a quit claim deed will not remove the wife's financial obligation should there be a mortgage or liens on the property in both names. The wife can still be pursued legally for this debt. Therefore, these debts should be taken care of at the same time or prior to or shortly after the signing of the quit claim deed, with, for example, francero refinancing the house in his name only.

Those familiar with the divorce laws in Washington might want to add something about the community property laws in Washington, if these could play any role here.
 

justalayman

Senior Member
you want a warranty deed written by your attorney, and a title insurance policy

not happening.


you might get a special warranty deed but not a general warranty deed


if the OP purchased title insurance already, it is still in force and would cover anything prior to the transfer to the couple. There should be nothing new since then
 

francero

Junior Member
no mortgages

Thanks for all your replies. there is no mortgage on the property (free and clear) and the only debt my wife has is her student loan from 15yrs ago. thanks again
 

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