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Old 07-01-2011, 09:38 AM
 
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i just got married......my wife wants to add me to the deed to the property that was purchased in her name even before marriage though we have both been contributing to it since day of purchase....she wants to formally add me so that her siblings don't have entitlement in case anything should happen to her


i have downloaded a blank form called the quitclaim deed that i believe she just needs to transfer from her to her/me...it looks like a simple form and we really want to avoid paying a lawyer

has anyone filled out a quitclaim deed or is there a sample online on how it's done?

thanks!
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Old 07-01-2011, 10:00 AM
 
Location: Kailua Kona, HI
3,199 posts, read 11,419,890 times
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While a quit claim deed is a fairly simple matter, you are still better off having an attorney or even a paralegal (if allowed in your state) draw it up and make sure that everything is done properly. Does she have a mortgage? Does she need to change her will so that there are no conflicts between documents? Does she have children that may have rights ? Does she want it all to go to you or half? I think the $200 or $300 possibly to have an attorney prepare it is money well spent. Call around and see what 2 or 3 attorneys would charge.
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Old 07-01-2011, 10:01 AM
 
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she has a mortgage, she has no will, she has no children, all to me
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Old 07-01-2011, 10:24 AM
 
Location: Ellicott City MD
2,270 posts, read 8,276,021 times
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I'm not sure why this was moved here because this is a state-specific question.

However, I'm fairly sure you would use a standard deed form for this, not a quitclaim. But I am not a lawyer and that is not legal advice.

I would recommend using a lawyer. Also, you need a lawyer because what you are asking is an estate question, not entirely a real estate question. I'm not sure her siblings would have any entitlement to the land if she died in any case (her parents would but not her siblings per the attached link), but a good will would also address that. MyStateWill.com | North Carolina Intestate Laws

But if you want to see examples, go to the county where you live and search the Register of Deeds for transfers. Search for the same last name in the buyer and seller (try a common one) and maybe you can find something similar to what you want.
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Old 07-01-2011, 10:25 AM
 
Location: Just south of Denver since 1989
10,904 posts, read 29,386,676 times
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If you own property you should absolutely have a will.

I once sold a house to a lovely couple. She had a 12 yo daughter.

4 months after the closing, I read in the paper about a fiery semi truck/suv crash. I immediately recognize the names of the victims.

She died at the scene, leaving the property to him via joint tenancy. He dies from his injuries 3 days later.

Probate decided his parents get the property. Her daughter, nothing.

The story has a happy ending. His parents decided to move into this house, raise her daughter as their own. Now that she is out of college, they are planning to sell the home.
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Old 07-01-2011, 12:37 PM
 
Location: Austin
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Have you tried walking into a title company and asking them to prepare the necessary documents for you? A Quitclaim is definitely not the correct form as she's not quitting her claim to the property, just trying to split it...
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Old 07-01-2011, 01:13 PM
 
Location: Cary, NC
33,614 posts, read 58,304,270 times
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Quote:
Originally Posted by KonaKat View Post
While a quit claim deed is a fairly simple matter, you are still better off having an attorney or even a paralegal (if allowed in your state) draw it up and make sure that everything is done properly. Does she have a mortgage? Does she need to change her will so that there are no conflicts between documents? Does she have children that may have rights ? Does she want it all to go to you or half? I think the $200 or $300 possibly to have an attorney prepare it is money well spent. Call around and see what 2 or 3 attorneys would charge.
Quote:
Originally Posted by J_Lurk View Post
I'm not sure why this was moved here because this is a state-specific question.

However, I'm fairly sure you would use a standard deed form for this, not a quitclaim. But I am not a lawyer and that is not legal advice.

I would recommend using a lawyer. Also, you need a lawyer because what you are asking is an estate question, not entirely a real estate question. I'm not sure her siblings would have any entitlement to the land if she died in any case (her parents would but not her siblings per the attached link), but a good will would also address that. MyStateWill.com | North Carolina Intestate Laws

But if you want to see examples, go to the county where you live and search the Register of Deeds for transfers. Search for the same last name in the buyer and seller (try a common one) and maybe you can find something similar to what you want.
I would agree on using an attorney.
The expense isn't that much, should be under $200 with recording.
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Old 07-01-2011, 01:14 PM
 
Location: Cary, NC
33,614 posts, read 58,304,270 times
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Quote:
Originally Posted by FalconheadWest View Post
Have you tried walking into a title company and asking them to prepare the necessary documents for you? A Quitclaim is definitely not the correct form as she's not quitting her claim to the property, just trying to split it...
We don't do much in NC with title companies. Attorneys rule.

OP is in NC.

And it is not uncommon for one spouse to quit claim sole title of a property into possession of both spouses.
It may be OK for the OP and that a QCD works, but I think I would use an attorney.
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Old 07-01-2011, 01:20 PM
 
447 posts, read 1,380,946 times
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I did my own quitclaim deed to take my name off my ex-husband's house. Copied document off website, made it applicable to my county in NC, and went down to the county offices to file it. No problem.

Last edited by raleighkc; 07-01-2011 at 01:21 PM.. Reason: forgot words
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Old 07-01-2011, 06:24 PM
 
4,541 posts, read 8,417,403 times
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Quote:
Originally Posted by meanieme View Post
we really want to avoid paying a lawyer
You dont know how to do something and you want to avoid paying a lawyer $200 for his help on the biggest investment of your life? Ummm... ok.
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