Posted on: 11th Sep, 2010 10:20 am
i am divorced. the divorce decree states that my ex needs to refinance the mortgage in his name. he has tried to do this but is having no luck. he offered to move into the home allowing me to move out and rent closer to my job. he states that he will make the mortgage payments for 1yr, as i have for the past year. at the end of the year, he will attempt to refinance again. is a quit claim deed the way to go for me? if not, what type of legal documentation can we write up detailing the above agreement? finally, does a quit claim superceed the divorce decree as far as him being required to eventually refinance?
You can use a quit claim deed in order to transfer the property to your husband. However, once you sign the deed, you won't remain the owner of the property any long. Unless he refinances the mortgage, you'll remain liable for it.