Posted on: 11th Dec, 2008 06:10 pm
After 1 1/2 years of marriage, she moves out voluntarily with 10 year old daughter. Home resale value less than mortgage. Both names on deed and only his on mortgage. He wants home in his name only, saying wife was contributing to mortgage when in home and name on deed, so sign quit claim since wife has now ceased to contribute to mortgage. Does wife have to sign or only if she wants to? What conditions must exist to require her to sign?
Hi westydog,
No one can force the wife to sign a quitclaim deed. If the husband forces her to sign a quitclaim deed, it will be illegal. But yes if she wants she can sign a quitclaim deed and give away her interests in the property to her husband. I think if she is not staying in the property or has no interest in the property, she can sign a quitclaim and give away the property to her husband.
Thanks
No one can force the wife to sign a quitclaim deed. If the husband forces her to sign a quitclaim deed, it will be illegal. But yes if she wants she can sign a quitclaim deed and give away her interests in the property to her husband. I think if she is not staying in the property or has no interest in the property, she can sign a quitclaim and give away the property to her husband.
Thanks