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Quitclaim Deeds??

Hi everyone!

 My fiancee and I have been looking at houses for a very long time, and we finally found one! Our offer was accepted, and now all the paperwork starts :)

 I'm still a student and my hours at part time jobs are always changing, so since my fiancee works full time, we chose to base our loan amount off just his salary to make sure we don't get into anything we can't afford. I don't have any student loans or any other sort of debt.

 So now that we're doing paperwork, our real estate agent tells us that for me to have my name on the title of the house along with my fiancee's, we have to do a quitclaim deed since my name isn't on the loan. I really wish she would've told us in the first place, since she knew we are getting married and knew our mentality behind only taking his salary into account, but I would've still been willing to put my name on the loan if I had known it would make a difference.

 From what I can tell, quitclaim deeds are an obnoxious, paperwork-filled process involving lots of fees. Does anyone have any experience / helpful tips / advice / alternate way to get my name on the title at this point in the game?

 Thanks!

Re: Quitclaim Deeds??

  • I moved into DH's house when we got married. We don't see ourselves moving from here anytime soon. After DD was born, we finally had wills made and asked our lawyer about the house. It was a one page document. After it was notarized, I took it to the Dakota County Courthouse. The filing and fees were about $150. I'm not sure how much that individual form cost since it was with all our other documents. I thought it was a pretty easy process.
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  • I hope mine goes that easily! From what I looked up, it involved a few different documents, each with a fee, all of them needing to be notarized (for a fee), then another fee (for good measure), and finally, taxes. I would LOVE if it could be a simple, one form, one fee process.
  • If you're really hung up on having your name on the title than having you on the loan or doing a quitclaim deed is the only way to go.  If you really don't care then wait until your married because in MN its one to buy two to sell...so even if he owned the house outright before you were married, once your married its two to sell...you'd need both of your signatures.
  • Thanks, Janell. I'm not opposed to going on the loan; it's just that we've already had our offer accepted and his load amount was pre-approved, so it would be a pain to backtrack and redo the loan process with my information being taken into account as well. I'm not worried about him selling the house without me once we're married, it's more of an insurance thing (in case he dies, etc.)
  • My understanding is that since MN is an equitable distribution state (as opposed to a community property state), all property owned by either spouse is considered marital property regardless of when the property was acquired - before or after marriage. That's what we were told, anyway.

    I bought a home before marriage - I hadn't even started dating Andy yet, so my name is the only one on the title and the mortgage. Still, if I were to sell that condo, he has to sign off on it. 

    However, debt incurred before marriage is not considered marital debt. So, if were were to divorce, I would need Andy's permission to sell my condo because he has martial interest in the property, but the mortgage is still 100% mine because the debt was incurred prior to marriage and is therefore not shared debt. 

    In any case, check with a real estate attorney to be sure, but it's possible that if your fiance were to unexpectedly die after you're married, you would have ownership of the house even if your name isn't on the title.

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    Mr. Sammy Dog
  • That's very helpful! Thank you :)
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