Answer: When you and your spouse first purchased your home, you received a warranty deed from the sellers in which they guaranteed that you were getting a clean title. This is for your protection and for your lender’s protection.
However, when a co-owner of a property wishes to transfer his or her interest in the property to the other co-owner (as is often the case in divorce), a warranty deed is not called for. Both parties received the identical quality of title at the time of purchase, so it is not their place to warrant what the seller already warranted.
A quit claim deed merely transfers whatever quality of title that the transferor possesses…no more and no less. If the sellers gave the parties a defective title to begin with, then all a co-owner can transfer to the other co-owner is his or her portion of the same defective title.
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Kari is a staunch advocate of the non-court approach to divorce, and is also an active and seasoned litigator with years of trial experience in the Illinois divorce courts of DuPage and Cook County.
