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can a quitclaim be filed without my signature?
Los Angeles, CA
Viewed 17 times.
Posted 7 months ago in Real Estate
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my partner in i purchased a home last year, I am co-borrower; she lives on the property, we both make payments, we have jt acct. we have separated but stil share...can she file a quit claim deed to remove me from title and property? i live out of state, I qualified us for loan. I want to be prepared in case things get nasty...thanks.
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Property in Washington State Answers (1)
Kevin W. Chern
This attorney is licensed in Illinois.
Posted 7 months ago.
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I am not licensed to practice law in Washington and can't advise you on this specific situation. It seems, though, that some general information would be useful to you. A quitclaim deed generally transfers whatever rights in property belong to the person who executes the deed. A quitclaim deed generally does not affect the rights of any other parties holding interest in the land. That said, there are other issues you may want to discuss with a local real estate lawyer. First, it's not clear how you hold the property--or whether or not your name is on the deed at all. You only mention specifically that you are a party to the mortgage. How the property is titled will affect your rights. The other issue you'll want to inquire about is whether the property might be subject to partition, which is essentially a forced legal division of real property either by physical division or by sale and division of the proceeds.
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