Have Legal Questions? Ask a Lawyer Now.
Unfortunately, a quit claim deed does not accomplish as much as you had suggested. In a divorce action, there are two important aspects of the marital home that need to be considered, legal title to the property and the loan against the property.
As to the legal title to the property, this can be addressed by way of the quit claim deed. If your husband were to sign the quit claim deed, this would convey his interest in the property to you. This would eliminate any claim he might have to an ownership interest in the property.
As to the loan against the property, this can be addressed by way of the refinancing of the mortgage. However, it is not effected in anyway by a quit claim deed.
So, if he signs a quit claim, he loses any interest in the property but still has a financial obligation with the mortgage. Only a quit claim deed AND a refi will sever all of his ties to the property.
Please let me know if you need clarification on anything.
I hope you found my answer helpful. If so, please click on the green ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click ACCEPT. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated! Thank you and good luck! .
Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).