Can a quit claim deed reverse a prior quit claim deed?

My ex-wife got the house in 2006 through a quit-claim deed. I’m still on the mortgage. Now she has trouble making the payments. Can she sign a quit-claim to make ME the sole owner?

Asked on June 11, 2009 under Real Estate Law, Arizona


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

A quit claim deed means title is transferred without any of the warranties. Soooooo, how is it that your ex wife got the house through quit claim and you didn't bother making her buy you out of the loan (or have her refinance) a part of the divorce? She can sign a quit claim to make you the sole owner, of course.  Understand, it is not reverse anything before but merely passing on the title.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.