Posted by Stacy (AZ) on July 11, 2002 at 13:27:23:
In situations such as these, my title rep only requires a quit-claim from the “estranged” spouse to close these transactions. The spouse has given up all rights to the property, and has no legal interest.
However (a big caution), this is what my particular title rep requires, in my state. This strategy may not fly in your state, or for any different title company or lawyer. Maybe they would require a different document, such as a limited power of attorney. Who knows. Your best bet is to call a reputable title company and ask them what they would require if they were closing the transaction.