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Marsha411JD
Marsha411JD, Lawyer
Category: Real Estate Law
Satisfied Customers: 19770
Experience:  Licensed Attorney with 29 yrs. experience with Real Estate
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My wife and I cosigned a loan real estate property with my

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My wife and I cosigned a loan for a real estate property with my daughter when she was single. Recently she got married and my wife and I are giving ownership of the property to my daughter and her new husband. We are going to use a quit claim deed to do this. The existing title to the property has my daughters name (before she was married), my wifes name and my name. My question is can I just use my daughters married name and her husbands name as Grantees on the Quit Claim Deed without changing the name on the original deed. Does this create a problem since the name on the original deed is different?
Gary Keller
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Marsha411JD replied 6 months ago.

Hello Gary,

In order to quit claim the property to your daughter and her husband, all of the owners have to sign the quit claim. In other words, she (in her former name), you and your wife, will all quit claim to her and her husband. For example, it would be something like ***** *****, ***** ***** and Joan Jones as tenants .......(fill in how the ownership interest was held (in common or whatever the deed says) do hereby grant ............... to Joan (married name) and Jerry (his last name), husband and wife, as joint tenants.

Please keep in mind though that quit claiming the title of the property to your daughter and her husband will not release you from the mortgage, if it still has a balance. If you quit claim the title/deed and still are bound by the mortgage, you have given up your right to the property but not the debt. Your daughter and her husband would have to refinance the property or assume an assumable loan in order for you to be released from the mortgage debt as a cosigner.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you

Customer: replied 6 months ago.
That makes sense but in Colorado the quit claim deed must have notarized signatures for Grantors and Grantees . Is a notary going to sign off on my daughters unmarried name as a Grantor when that is not her legal name anymore and she has no legal ID with her unmarried, single name? Single Name on original Deed: Lindsey J. Keller Married Name: Lindsey J Easton
Expert:  Marsha411JD replied 6 months ago.

Thank you for your reply. Yes, the notary should notarize the signature if your daughter can produce any reliable ID. It would be easiest if she has an old passport or even school ID even if she doesn't have a DL anymore in her old name. Something that shows her picture and name should work, but it is an issue and some notaries may bulk. But the quit claim won't be valid unless all 3 of you quit claim to just your daughter and her husband. If you have difficulty finding a notary to take the acknowledgments, then you might have to contact a local real estate law firm to assist you in getting this done.

Expert:  Marsha411JD replied 6 months ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any further follow up questions for me from the answers I provided to you on the 26th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I have not received your rating.

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In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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