Is a quick claim deed needed from my ex if their name is on the deed but not on the mortgage?

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Is a quick claim deed needed from my ex if their name is on the deed but not on the mortgage?

Asked on January 22, 2019 under Family Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

To transfer their share of ownership and right to the home to you, such as pursuant to the outcome of your divorce? Yes. That they are not on the mortgage has nothing to do with ownership, which is based on the deed. To remove themselves from the deed, they need to deed their interest in the property, such as via a quitclaim deed (it's "quit," by the way, not "quick") to you.


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