Quitclaim Deed Form in Pennsylvania for Removing Ex-Spouse Name
A deed which is legal document used to transfer real estate from a grantor who is called either the seller or the transferor to a grantee who is a buyer or transferee without any warranties or guarantees. It discloses legitimacy or clarity of the title. Quitclaim deed form in Pennsylvania has various characteristics and legal effects.
No Title Warranties
The deed is based on the concept of "what you see is what you get" transfer. The transfer is only of the interest the grantor truly holds at that particular moment. There is no protection in case of liens, encumbrances, or other ownership claims exist.
Statutory Wording
The deed form in Pennsylvania is not having any mandatory fill-in-the-blank statutory form. There are only specific legal terms "release and quit-claim". It explains the instrument as a quitclaim deed. The phrases such as "grant and convey" or warranty covenants are not used.
When Quitclaim Deed used
Quitclaim Deed is used in case of low-risk transfers. Various instances when they come in operation are when there is a transfer between family members, adding or removing a spouse during a divorce settlement, or moving property into an LLC or living trust.
In case of spouse transfer there are many situations such as when there is need to remove an ex-spouse from a property title. Whether it can be done or not? The same can be done using a quitclaim deed. The requirement for the same is that both the parties should cooperate and sign the document.
The process
When there is need to remove the name of ex-spouse from Pennsylvania Quitclaim Deed, following steps are to be taken:
Drafting of the deed: In case of removal of name, ex-spouse name should be listed as the "grantor" who is the person giving up the interest. The person executing should be the "grantee" who shall be sole new sole owner. The property description should be given in present deed and reference to divorce decree should be given.
Notarize the document: The quitclaim deed should be signed by the ex-spouse in front of a notary.
Paperwork filing and fees payment: The next step is recording the signed deed at the local authority and payment of fees.
Transfer taxes: Value form is to be submitted. Divorce-related property transfers are generally exempted from Pennsylvania's 2% realty transfer tax.
However in some exception situations such as when the ex-spouse is not cooperating or refuses to sign the quitclaim deed, the person cannot use the deed independently. Also there is need to file a motion to enforce the divorce decree. Hence by following the above steps one can easily remove an Ex-Spouse with a Pennsylvania Quitclaim Deed.
Author Bio:-
Carl often writes about legal drafting, legal documents, legal forms, and legal agreements to help people who need them. You can find his thoughts at transfer deed form blog.