Posted on: 31st Mar, 2010 08:54 am
i have filed for divorce and am looking to purchase a home with my daughter and son-in-law since we can buy something bigger and nicer together than we can separate. we tentatively have an agreement on the division of property but nothing has been signed. my husband is refinancing the house in his name and giving me my share of the equity.
we have found the house we want and are ready to make an offer.
i initially asked for a waiver of marital interest but have been told that won't remove his interest in any property purchased before the divorce is final. my husband mentioned he could sign both a waiver of marital interest and a quit claim deed for the new house.
will this remove any claim he could have to the new home and can he even sign before the divorce is final? if so, can he sign before we close on the house which may be close to the court date for the judge to approve the settlement agreement? also, if he is refinancing in his name, my name is on the deed to the current house, when should i sign quit claim deed for the current home?
we have found the house we want and are ready to make an offer.
i initially asked for a waiver of marital interest but have been told that won't remove his interest in any property purchased before the divorce is final. my husband mentioned he could sign both a waiver of marital interest and a quit claim deed for the new house.
will this remove any claim he could have to the new home and can he even sign before the divorce is final? if so, can he sign before we close on the house which may be close to the court date for the judge to approve the settlement agreement? also, if he is refinancing in his name, my name is on the deed to the current house, when should i sign quit claim deed for the current home?
Hi vleonard!
Welcome to forums!
Rather than signing a quit claim deed, your husband can sign an inter-spousal transfer deed and release all his claims from the property that you're planning to purchase now. I don't think signing the deed will affect the settlement agreement in any way.
As far as your name on the current property is concerned, you will have to sign a quit claim deed and remove your name. Once you fill out the deed, get it notarized and recorded at the county recorder's office.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
Rather than signing a quit claim deed, your husband can sign an inter-spousal transfer deed and release all his claims from the property that you're planning to purchase now. I don't think signing the deed will affect the settlement agreement in any way.
As far as your name on the current property is concerned, you will have to sign a quit claim deed and remove your name. Once you fill out the deed, get it notarized and recorded at the county recorder's office.
Feel free to ask if you've further queries.
Sussane