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Quit Claim Deed or Bargain and Sale Deed ?

Waldport, OR |

After a division of community property my ex and I have a Judgment that states that I am a solo owner of a real property. What is a best form to use for transferring the property into my name only, a Quit Claim Deed, or Bargain and Sale Deed? Should I send to the County Recorder Office a Quit Claim Deed only or a Judgment with all pages.( I do not want all the attachments of the Judgment to be available for public review)

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Attorney answers 1


A warranty deed, either a general warranty or a special warranty deed, would be better than the two you named. If for some reason you must use one of the two you named, then use the bargain and sale form.

In any event, make sure the legal description is accurate and you have the correct name of the person transferring their share to you. Perhaps review a copy of the deed or the title policy you received when the two of you acquired the property. If a name has changed, be sure to reflect that fact.

You probably should include the county real estate tax identification numbers along with the legal description.

And, make sure the person signs the deed in front of a notary. Title companies have notaries. They might also help you prepare the deed.

Once it is complete, the deed needs to be recorded with the county clerk and recorder's office where the property is located. The judgment however most likely does not have to be recorded.

Please keep in mind that this is not intended to create an attorney/client relationship. These are only general comments made without all the critical facts needed to fully form an opinion.