NJSBA Family Law Section

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  • 1.  quit claim vs bargain and sale

    Posted 12-04-2019 12:10 PM
    I've always used a quit claim deed for transferring property as part of an MSA. At a recent ESP, the attorneys recommended using a Bargain and Sale Deed. The seem similar, but is there an advantage to one or the other?

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    Thomas King Esq LLC
    45 Broadway,
    Denville, NJ 07834
    973-750-8348
    www.njfamily.law www.njdivorce.law
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  • 2.  RE: quit claim vs bargain and sale

    Posted 12-04-2019 12:23 PM
    The correct document is a regular bargain and sale deed where the party is named on the original deed and transferring their legal interest in the property to the other spouse. A quit claim deed is not appropriate where the party is named. A quit claim is appropriate for a party to surrender their equitable interest in a property where they were not named on the prior deed.


    Sent from my iPhone.


    Patricia L Veres, Esq.
    Certified Matrimonial Law Attorney
    Veres & Riordan LLC
    973.537.1700
    [email protected]
    Twitter @PatriciaLVeres


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  • 3.  RE: quit claim vs bargain and sale

    Posted 12-04-2019 12:51 PM
    Patricia - thank you!
    Tom

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    Thomas King Esq LLC
    45 Broadway,
    Denville, NJ 07834
    973-750-8348
    www.njfamily.law www.njdivorce.law
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