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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.

1 attorney answer Your mother's dementia does not, as a matter of law, make her incapable of executing a quitclaim deed.

Many houses and other pieces of real property are owned while also having active mortgage loans on them. In fact, you can transfer ownership in your home through a deed and still retain its loan, though trouble with your lender may arise.

Quitclaim deeds are most often used to transfer property between family members. Examples include when an owner gets married and wants to add a spouse's name to the title or deed, or when the owners divorce and one spouse's name is removed from the title or deed.

The quitclaim deed only transfers the type of title you own. Deed transfers of any kind impact only the ownership and do not change or affect any mortgage on the property.

Quitclaim deeds transfer title but do not affect mortgages.If the grantor has quitclaimed the property with the belief that the grantee will make the mortgage payments, the grantor has no recourse if the grantee stops making payments or sells the property to another party.

Fill out the quit claim deed form, which can be obtained online, or write your own using the form as a guide. The person giving up the interest in the property is the grantor, and the person receiving the interest is the grantee.