What to know about divorce and quitclaim deeds?

The following information about divorce and quitclaim deeds offers tips on how to protect your interests in the family home. Depending on whether you will be keeping the house after divorce or your ex will get it, title and ownership of the property is something that needs to be taken care of.

How can I get my husband to sign a Quit Claim Deed?

You can either do this through a divorce proceeding, or by getting your husband to sign a quit claim deed to relinquish his rights to the house. Having his name on the mortgage does not equal an ownership interest. It just means if you don’t pay the bank will go after him for money. Why is a quitclaim deed required if everything is in my name?

How does a Quit Claim Deed affect a mortgage?

As you have discovered, a quit claim deed only affects how the property is titled and has no impact on the loan obligation. You need to consult with the lawyer who handled your case to see when the deed was executed whether the mortgage remained in both parties names.

How to remove an ex spouse from a deed after divorce?

First, contact your lender to find out if the lender will simply release you from the loan. You should provide your lender with the final divorce decree and any related settlement agreement. You should also provide the lender with a copy of the quitclaim deed that has already been signed and filed in the land records.

Can you sign a quitclaim before or after a divorce?

You’re free to sign a quitclaim before, during or after a divorce – the timing doesn’t affect its legality. After you sign one, however, the transaction can’t be undone without the cooperation and agreement of your spouse.

Why did my ex ask me to sign a quitclaim deed?

Melissa’s Question: In our divorce, my ex was awarded the family home and assumes all indebtedness owed and holds me harmless. He is in the process of selling the home and asked me to sign a Quitclaim Deed to transfer all my rights, title, and interest to him.

Can a divorce court overrule a quit claim?

Brette’s Answer: You can do it but the court can always overrule it. The property is marital property and is subject to division in the divorce. And there would be nothing enforceable in a quit claim to make sure your husband gets the money in return.