Does a quickclaim deed need to be signed if a divorce agreement states that someone has no further interest in the property?

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Does a quickclaim deed need to be signed if a divorce agreement states that someone has no further interest in the property?

Asked on March 22, 2011 under Real Estate Law, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, you should absolutely execute a deed to change the title to the property to reflect the divorce agreement. Otherwise it appears legally that you maintain a proprietary interest in the property and that means water bills, tax bills, any damage, etc.  And understand that you need not only to execute a deed but force your soon to be ex to refinance the mortgage if there is one on the property.  The lender is not a party to your contract  - divorce agreement - and they are not bound by the terms.  That means that if your ex stops paying the delinquency will appear on your credit report and that the bank can come after you for the balance of the loan. Please take the necessary steps her to safeguard yourself.  Good luck.


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