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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 37017
Experience:  16 years real estate, Realtor. Landlord 26 years
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From NJ. Our home is currently in the foreclosure process.

Customer Question

From NJ. Our home is currently in the foreclosure process. The mortgage is in my husbands name only, but both of our names are ***** ***** title deed. I want to file a quit claim deed to remove my name from the deed, and transfer full ownership to my husband. Is this possible?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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I want to file a quit claim deed to remove my name from the deed, and transfer full ownership to my husband. Is this possible?

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Yes, there is nothing that would legally prevent you from quitclaim deeding your interest in the house over to husband. This would vest full ownership in him solely.

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It wouldn't remove you from any foreclosure process as a party thought because you would still have a "marital interest" in the property simply due to being married. So you would still be named as a party because the lender has to cut off all possible interests in the property during the foreclosure.

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But if you aren't on the mortgage or Note, then this shouldn't appear on your credit report as a negative entry because you are not liable to pay the debt.

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thanks

Barrister

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