Quitclaim or Warranty Deed?


#1

Hi,
My parents never liked my husband, so when they helped with the house, they insisted that title be in their name and my name without my husband on it. Now we’re going through a divorce. He’s not asking for part of the house (thankfully).

My parents want me to have the house in full when everything is done. Can they file a quitclaim deed–I already have the form for that. Or do they need to file a warranty deed. An attorney from another state said a quitclaim could put a cloud on the title and instead we should file a warranty deed. The attorney gave the standard waivers about checking with a local attorney. I thought the quitclaim would be enough, but now I am confused.


#2

My Son went through this same thing 2 years ago. He went with the Quitclaim and worked for him. His bank, mortgage holder did all the paper work. Although as I remember it took about 3 months to process all the paper work.


#3

A quitclaim should be sufficient, but either is appropriate. My main concern would be that there be a signed separation agreement or that the divorce be entered prior to the deed being recorded.