Do I need a new deed if I have a quick claim deed?
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Do I need a new deed if I have a quick claim deed?
My husband and I separated 8 years ago at which time he signed a quick claim
deed so that I could refinance and place the mortgage in my name since he was not
giving any financial support. I only have the quick claim deed on record and wanted
to know if I should get a new deed to replace the quick claim deed.
Asked on July 8, 2019 under Real Estate Law, Vermont
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
So long as the quitclaim was properly executed (i.e. signed in in front of a notary), then it binding. While recording is not legally required, it is better to do so and you indicate that this has been done. Bottom line, no new deed is necessary.
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
The quitclaim deed released your husband's entire right, title and interest in the property to you. It is valid and does not need to be replaced with another deed, assuming it was signed in the presence of a notary and properly recorded (filed with the County Recorder's office).
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