How Does a Spouse Give Up Rights to the Other Spouse's Property?
Full Question:
Answer:
Without seeing the documents involved, we are unable, as well as prohibited from giving a legal opinion, but if a disclaimer deed was signed, divorce is not necessary to make it effective. A disclaimer deed is a deed in which a spouse disclaims any interest in the real property acquired by the other spouse. A mortgage company often asks a borrower to sign a disclaimer deed so that his spouse not having her name on the loan cannot claim any interest in the property.
A Bargain-and-Sale deed is usually used to convey property to a buyer for valuable consideration. Bargain and sale deed carries contains no warranties against liens or other encumbrances against title, except any that the grantor specifically sets out in the deed. It is implied that the grantor has the right to transfer the deed. It is also sometimes referred to as a special or limited warranty deed.
