Sign Montana Banking Quitclaim Deed Safe

Insert columns deed

[Music] hi I'm Annie Fitzsimmons I'm your Washington Realtors Legal Hotline lawyer today's video is another in our continuing series entitled real estate fundamentals you should know this is a question that comes up quite a bit believe it or not we have a married couple but only one member of the marriage is going to be on title to the property why it doesn't really matter why maybe it's because of financing maybe it's because somebody's out of town maybe it's because somebody's getting a divorce and and the divorce isn't yet final but the person that the buyer wants to go ahead and buy even before the divorce is final any number of reasons we don't care what it is the question is does that fact have an impact on the transaction and the answer is absolutely yes the impact is that the title company assuming the buyer has to get financing the title company will not insure title for the buyers lender unless that spouse whose name will not appear on title signs a quitclaim deed releasing their interest in the property why does the spouse have any interest in the property because Washington is a community property state so by virtue of the fact that one spouse takes title to real estate the other spouse has at least a presumptive interest in the property as well and the title insurance company will not insure title to that property without somehow or another that the non title taking spouse disclaiming all ownership interest in the property the way we do that is through a quitclaim deed listing brokers here's what you need to do in this situation I've seen all kinds of crazy ways listing brokers are smart enough to know they've got a problem but I'm seeing a lots and lots of crazy ways for listing brokers to try and solve the problem here's how you want to solve this problem you include an addendum as a counteroffer from seller and the addendum makes sellers obligation to perform the terms of the purchase and sale agreement contingent upon the non-tidal taking spouse delivering a fully executed and notarized quitclaim deed to seller within X number of days of mutual acceptance it should not take long for a buyers spouse to sign the quitclaim deed if they're willing to sign a quitclaim deed now it might take a little bit of time because they're gonna have to go find somebody to prepare the quitclaim deed real estate brokers aren't licensed to prepare the quitclaim deed and most escrow companies won't prepare the quitclaim deed so they might have to go to a lawyer to get the quick claim deed prepared that the that the non buying spouse would then have to sign have notarized and provide to the seller seller would then take that quitclaim deed deliver it to title title would say yes this is sufficient to have the non buying spouse interest in the real...