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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.

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13y ago

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Can you get your husbands name legally removed from a property?

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.


You divorced- signed a quit deed and still remained on the mortgage. What happens when the ex-spouse dies?

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.


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