How do I file a quit claim deed?

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How do I file a quit claim deed?

I’m recently divorced and the house that my ex and I jointly owned was awarded to me in the divorce. I have the final judgment and spoke to the mortgage company about assuming the mortgage and removing her name from the loan and am in the process of doing so. I know I need to file a quit claim, but I’m not really sure how to go about it and no one that I know does either. Do I need an attorney? Is this something with which the County Clerk’s office can assist me?

Asked on April 5, 2011 under Real Estate Law, New Jersey

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You won't need an attorney to file a quitclaim deed.

Your ex should sign the quitclaim deed in the presence of a notary.  After the quitclaim deed has been notarized, file it with the County Recorder's office.  In some states, the County Clerk is also the County Recorder.  It would be advisable to ask the County Clerk's office if it is the County Recorder's office if you don't see any separate listing for County Recorder.

The language of the quitclaim deed would say, I, ________ (name of ex) quitclaim (release) any interest, right or title I have in the real property described as ____________ (address of the house) to _________  (your name).

Date__________   

_______________  (printed name of your ex)

_________________ (signature of ex)

Your ex should sign and date the document in the presence of a notary.


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