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In California, spouses have equal rights and responsibilities about the marital home and any mortgages that bind it: debts and property. The spouse gives up all rights to the property when he signs a quit claim deed but does not give up any responsibilities for the mortgage.
In a community property state ? let's say California ? your ownership rights are automatic for a house acquired during your marriage. Your home is equally shared between you, fifty-fifty ? no matter how it's titled. You can change this only by giving up your rights in the home.
It's usually a very straightforward transaction, but it's possible for a quitclaim deed to be challenged. If a quitclaim deed is challenged in court, the issue becomes whether the property was legally transferred and if the grantor had the legal right to transfer the property.
A quitclaim deed transfers the title of a property from one person to another, with little to no buyer protection. The grantor, the person giving away the property, gives their current deed to the grantee, the person receiving the property. The title is transferred without any amendments or additions.
If you wish to remove someone from a deed, you will need their consent. This can be done by recording a new deed, which will require their signature. If the person in question is deceased, you will need their death certificate and a notarized affidavit along with the new deed.
A quitclaim deed in Illinois is often used to transfer property between close family members or trusted friends. It's relatively easy to prepare, although you may prefer to have an online service provider handle it for you instead.
A quitclaim deed is used to transfer real property from the grantor to the new recipient owner, called the grantee. The grantor will terminate any rights to claim the property using a quitclaim deed, thus allowing all rights to be transferred to the recipient/grantee.