This sample form is a Quitclaim from Individual to Husband and Wife as Joint Tenants with right of survivorship OH-02B-77
This sample form is a Quitclaim from Individual to Husband and Wife as Joint Tenants with right of survivorship OH-02B-77
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In order to transfer ownership of the marital home pursuant to a divorce, one spouse is going to need to sign a quitclaim deed, interspousal transfer deed, or a grant deed, in order to convey the title to the property.
A person who signs a quitclaim deed to transfer property they do not own results in no title at all being transferred since there is no actual ownership interest. The quitclaim deed only transfers the type of title you own.
It is also crucial that a spouse know about the loan, even if he or she is not on the mortgage. In general, the spouse must sign a deed of trust, the Truth in Lending and Right to Cancel documents. By signing these documents, they are simply acknowledging the existence of the mortgage.
Contact the county auditor's office to find out about the county's property transfer tax and exemptions. Contact the county recorder's office to find out the volume and page numbers for the prior deed on the property. Fill in the deed form. Print it out.
To hold a real estate property in joint tenancy, you and the co-owners have to write the abbreviation for joint tenants with the right of survivorship, or JTWROS, on the official real estate deed or title. This creates a legally binding joint tenancy.
If you sign a quitclaim deed to release yourself from ownership of the property or a claim to the title, then that doesn't mean you are no longer held accountable for the mortgage payment.Otherwise, you may be held responsible for unpaid payments despite no longer having a claim to the title.
In Ohio, you need to have the quitclaim deed signed by both parties and notarized by a notary public. Step 6: File the deed at the Recorder's Office. The deed must be filed at the Recorder's Office in the county where the property is located to finalize the transfer.
In states like California and Florida, the spouses may use a quitclaim deed to transfer the property without warranting title. Other stateslike Texasrecognize a similar type of deed called a deed without warranty.