Is an atty needed to remove someone from a deed

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Is an atty needed to remove someone from a deed

Thank you for taking my question. My wife and
I are together currently on a deed to a home in
Virginia. We have no plans to divorce or
separate. But in order for her to help her
daughter with a particular financial issue my
wife needs to be removed from the deed. Is
this as simple as a quit claim or is it more
involved? What does one do with the quit claim
form after completing it? Thank you very much.
Michael 6

Asked on October 25, 2019 under Real Estate Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

It is as simple as a quit claim deed IF there is no mortgage, HELOC, reverse mortgage, etc. on the property, and all that would have to be done is to file the quitclaim with the county--the county clerk's office can provide instructions about how to do this.
If there is a mortgage, etc., then the ownership may not be changred in any way without first paying off the loan; changing ownership without doing so would be a breach or violation of the loan agreement and the loan's remaining balance would immediatley become due in full.


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