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Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 29028
Experience:  30 years of real estate practice experience.
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I'm closing on a house ( will be marital house) in 15 days

Customer Question

Hi, I'm closing on a house ( will be marital house) in 15 days and I want my spouse to sign a quit claim Can the QCD be dated before closing date? Mortgage and title deed will only be in my name. State is Illinois, county is cook.
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Loren replied 2 months ago.
Good morning. I am Loren, an Illinois licensed attorney, and I look forward to assisting you.
Expert:  Loren replied 2 months ago.
Are you the buyer or seller?
Expert:  Loren replied 2 months ago.
Are you online with me?
Expert:  Loren replied 2 months ago.
If you are buying and you want your wife to quitclaim any interest she may have in the property then you would want the quitclaim dated on or after the closing date, since, until that time, she has no interest to quitclaim to you.
Expert:  Loren replied 2 months ago.
By the way, Illinois is NOT a community property state. The quitclaim is superfluous if the title is going to be in your name. As a marital home, lender's and title companies will still require her consent (for waiver of homestead) on any future transactions.
Expert:  Loren replied 2 months ago.
The quitclaim deed will not change that.
Expert:  Loren replied 2 months ago.
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Expert:  Loren replied 2 months ago.

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