Posted on: 08th Oct, 2009 02:14 pm
My husband and I bought a house in 2007. He is the only one on the loan, I am on the deed of trust but not on the deed. I would like to pay off his mortgage and he in return will transfer the deed to me in my name alone. We have an exchange and partition agreement. We also have a prenuptial agreement stating whatever he buys is his and owes is his and the same for me. What do we need to do to accomplish that he can transfer the title over to me and where do we go.. a title company, a family lawyer.... who is the one drafting the transfer papers and drafting the new deed? Thank you so much
Hi kerstinr,
Your husband can contact a real estate attorney and get a quitclaim deed form drafted from him. Once he signs the quitclaim deed in your favor, you become the sole owner of the property. Then you can continue paying off the mortgage. Once you pay off the mortgage in full, the property would be free and clear and it would be considered your separate property.
Thanks
Your husband can contact a real estate attorney and get a quitclaim deed form drafted from him. Once he signs the quitclaim deed in your favor, you become the sole owner of the property. Then you can continue paying off the mortgage. Once you pay off the mortgage in full, the property would be free and clear and it would be considered your separate property.
Thanks