Best way to do a Quit Claim Deed

Hey all. Been away for awhile and i apologize if this is in the wrong area for the topic.

I am splitting up with my g/f in which we own a house (mortgage of course) together. She has agreed to quit claim the house to me for the sum of $1000 (only been here for a couple years so not much equity right now). What is the best way to go about this? The house is in Nebraska. Is there just a form i can fill out, have notorized and go record it? If so where do i get the form? i have seen several forms on the internet that want to charge like $10-$12 for. I dont have a problem with this but can someone steer me to a good/legitamite form? Thanks

While I’d recommend you contact and have a local RE Escrow Co or lawyer do this deed for you, the QCD form itself can probably be found quickly on google, etc.

“Nebraska Quit Claim Deed” should do it.

Escrows are used to doing these and are normally very cautious about making sure it’s the right legal description and title owner, etc. whereas the lay person doing this for himself isn’t normally so cautious or even knows what to be careful about.

I’ve done Quit Claim before and the best way to handle it is go to the attorney that closed the house since he’s familiar with it and have everything on file. Call him up and tell him you want to do a quit claim and he’ll prepare and file it for you for a fee. Both parties just have to go to his office and sign it and you’re done!

We didnt have an attorney close the house. We used the title company. I called them and they dont do it. I dont know what it all consists of, but ive got all the papers from closing as well as know the legal and about everything i would need i think. I dont have a couple hundred bucks to pay a lawyer, especially when it shouldnt be that hard to do.

Is a quit claim deed the best solution in this case? Or would doing a warranty deed be better? or any other solution?

Quitclaiming the house to her is not going to solve the problem. What you’ll also have to do is get the lender to put the mortgage in her name as well, or you’ll still be on the line for the mortgage.

If she defaults on the payments, your credit will be affected as well since your name would still be on the mortgage. To get your name of the mortgage, she would have to refinance or buy the house in her name with another loan.

Warranty deed is not possible because the ex-GF can’t deliver a clear title. The quit claim allows her to give up her rights to the property without guaranteeing a clear title.

Shes quit claiming it to me. She is on the deed but not the mortgage. I originally did it this way so if/when we broke up i could just have her quit claim it without dealing with the mortgage part of it

ok. With her not on the mortgage a simple quitclaim is the best way to go.

black95gt,

Glad to meet you,

There are two things I would have your ex-GF sign:

A Quit Claim Deed and the following Affidavit, this would be a follow up if you decide to sell the property at a later date and the Title Company will in all probability want more than just the Quit Claim Deed. This Affidavit will cover what the terms were when she signed.

Affidavit

STATE OF ___________________}

COUNTY OF ______________}

_________________________________________________(Seller) being duly sworn, deposes and says:

That a certain Deed dated the ____ day of ____, 20, was executed by __________________________(Sellers), Grantors to _________________ (Buyers), Grantees and was recorded on _______________________ in Book ______ as Document No. ________________________, Official Records of _______________ County, State of __________________.

[b]That said Deed was an adequate conveyance, signed freely and was fairly made for adequate consideration and that there are no other agreements, conditions or reservations, oral or written, with respect to the land described in said deed, which was delivered to the Grantee.

That affiant will testify, declare and/or depose before any person, officer and/or court as to the truth of the facts hereinabove set forth.

Further sayeth affiant not.
[/b]
___________________________________________ SS#___________________________
(Seller)

___________________________________________ SS#___________________________
(Seller)

Subscribed and sworn to me this _____ day of __________, 20


NOTARY PUBLIC

I am not sure what type of coaching and training you do, but explain what re-financing the property has to do with the ex-GF’s credit when she is not on the mortgage?

John $Cash$ Locke

my bad, working on too many things at one time, read post to fast.

Well, since the house is in Nebraska, I think the people from Quit Claim Deed in Nebraska should do it. Yes, I believe that you have to fill up a certain form and I guess the form is available online. Just not sure where, but you can try searching it.