quitclaim deed questions
a former spouse wants to buy out ex-husband. Can new wife, using power of attorney, sign the quitclaim deed since he cannot.
There will need to be a new mortgage for buyer for what is still owed plus the price agreed to transfer ownership
1 Answer from Attorneys
Re: quitclaim deed questions
If the power of attorney from ex-husband gives his new wife the proper authority to sell his interest in a home, the new wife, as "agent" under the power of attorney, may sign deed documents.
The deed should NOT be signed and delivered before the mortgage closing of the buyer.
Even as the seller, you may want to have a formal settlement with a title insurance company [which is almost certain to be required by the buyer's mortgage lender], so that you will know that the ex-husband is released from any obligations relating to the property and that he is no longer in title.