real estate title and quit claim deed I divorced in January ’07; I would like…

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real estate title and quit claim deed
I divorced in January ’07; I would like to change the title of the home my ex-husband and I are trying to sell from joint tenants w/rights of suvivorship to joint tenants in common so my will be in effect if I should die (ie, the proceeds from the sale of the home will be disbursed according to my will). Can I file a quit claim deed from myself as a joint tenant to myself as a tenant in common without having to get my ex-husban’s approval (which he won’t give)?

2 thoughts on “real estate title and quit claim deed I divorced in January ’07; I would like…”

  1. Re: real estate title and quit claim deed
    You can quit claim whatever you want, but quit claiming only transfers whatever rights to the property that you have. So with the previous vesting being in joint tenancy with full rights of survivorship, you don’t have anything to transfer anyway without his agreeing to it because the two of you hold an undivided interest together. Ex is a smart cookie. Sell the house and move on. If you can’t sell the house and the mortgage exceeds the value or is near the value, perhaps considering actually quitclaiming your interest to him makes much more sense. If you are upside down, you’ll still be liable on the mortgage and you’ll want to make sure there is a refi in place first.

    Theresa Petrey
    The Law Office of Theresa Petrey
    2211 Dolarway, Suite 8
    Ellensburg, WA 98926

  2. Re: real estate title and quit claim deed
    This isn’t about the title to the property, it is about the mortgage. When your divorce became final, your ex stopped being entitled to take from your estate by operation of law.

    If the house is yours then if you keel over your children will take.

    So, based purely on what you are telling, me a quit claim from you as JTROS to you as TIC is completely beside the point.

    Your attorney should have prepared a QCD removing your ex from the title to the property at the time of the divorce. It isn’t too late now to get this done, and the dissolution court will sign a deed (or appoint a special master to do so) if your ex won’t.

    But the issue is your mortgage.

    Hope this ‘splains it. Elizabeth Powell

    Elizabeth Powell
    ELizabeth Powell PS Inc
    535 Dock Street, Suite 108
    Tacoma, WA 98402

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