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Roger, Attorney
Category: Legal
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We are refinancing. My husband is putting the mortage in ...

Resolved Question:

We are refinancing. My husband is putting the mortage in his name and doing a quiet claim deed. How does this efferct my interests? we have been married for 37 years.
Submitted: 9 years ago.
Category: Legal
Expert:  Roger replied 9 years ago.

If you and your husband own the property now and you sign a quitclaim deed over to him, then you no longer have an ownership interest in the property (in the event of a divorce, the property would still be considered marital property and you would be entitled to a portion of it, usually 1/2). This means he can borrow money and convey the property without your knowledge or consent.

If your husband owns the property now (your name is XXXXX XXXXX on the deed), and signs a quitclaim deed over to you and him, then you each have a 1/2 interest in the property. This means both of you would have to sign to borrow money or transfer the property.

Please feel free to ask any follow-ups.

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