You may have a problem. You need to consult with an attorney who specializes in real estate law who can review the deed under your state laws and determine if there needs to be any corrective work done.
The owners of any property are the grantees listed on the current deed. The property may be subject to a mortgage if any owner granted a mortgage to a lender.
In most states, real estate can only be forfeited through divorce, in which case one spouse issues a quitclaim deed in order to disclaim any interest in the property. However, a spouse may voluntarily give up rights to such property by signing a quitclaim deed.
Assuming that one party acquired the land by virtue of a warranty deed and then conveyed it to himself or herself and spouse by a quitclaim deed, that would be effective as long as the deed was drafted properly. You need to check the tenancy created in the most recent deed. If it is a joint tenancy and one owner dies the survivor owns the property automatically. Deeds should always be drafted by a professional. Errors made by non-professionals can be costly to correct if they can be corrected.
No, this would be fraud on the creditors and they can sue to have the transaction rescinded or nullified.
yes
yesget the quick claim deed
In that case you would be responsible for paying the loan on property that you do not own. When you signed the quitclaim deed you should have required that the ex-spouse refinance the mortgage in order to take your name off as co-mortgagor. Your attorney should have addressed that issue at the time of the divorce.In that case you would be responsible for paying the loan on property that you do not own. When you signed the quitclaim deed you should have required that the ex-spouse refinance the mortgage in order to take your name off as co-mortgagor. Your attorney should have addressed that issue at the time of the divorce.In that case you would be responsible for paying the loan on property that you do not own. When you signed the quitclaim deed you should have required that the ex-spouse refinance the mortgage in order to take your name off as co-mortgagor. Your attorney should have addressed that issue at the time of the divorce.In that case you would be responsible for paying the loan on property that you do not own. When you signed the quitclaim deed you should have required that the ex-spouse refinance the mortgage in order to take your name off as co-mortgagor. Your attorney should have addressed that issue at the time of the divorce.
A quit claim deed will be rather inexpensive. However, the spouse can require payment to sign the agreement. You cannot remove them without their agreement and consent.Another PerspectiveA quitclaim deed will transfer the interest of the spouse in the property but will have no effect on the grantor's responsibility to the lender or the mortgage. Generally, the mortgage must be paid and refinanced in order to remove a spouse from any responsibility for paying the mortgage.
No if there is a surviving spouse and the children are grown
It is uncertain why the person would believe a quitclaim would protect marital property upon the death of one spouse. Most married couples hold property as Joint Tenants with Rights of Survivorship or as Tenancy By the Entirety in states that allow that type of property titling. Both types allow real property to pass directly to the surviving spouse without probate action. Property that is still under a mortgage contract must be refinanced with the lender or kept up according to terms of the original lending contract if the contract was held jointly by the married couple at the time of death OS the spouse.
There will be a section of the will that discusses the remainder. That will apply to the leases.
You should get a quitclaim recorded by the ex-spouse if they are on the title. The mortgage in your name will still be payable. As far as I know, foreigners can have ownership in property in the US