Posted on: 23rd Feb, 2010 07:25 am
my husband and i got divorced a month ago and in the settlement agreement it says that the house will be sold and 100% of the debt or profit will be awarded to me. i only did this because a lawyer told me that if we marked that the house would be awarded to wife (with no mention of being sold), i would have to refinance to get his name off of the title. i am planning on selling in the next 6 months, so i didn't want to refinance. i am not looking forward to having to involve him in being at the closing to sign papers. wouldn't a quit claim deed have worked better in this situation? (along with the settlement agreement saying that the house would be awarded to wife?) and, do i need a lawyer to prepare the quit claim deed? i prepared all the papers for our divorce and we both did not have lawyers.
Hi Lisaa!
Welcome to forums!
If you want to get the property transferred in your name, then you will have to ask your husband to sign a quit claim deed. This will make you the owner of the property but won't release your husband from the mortgage. While selling off the property, however, you won't require his signatures. You can contact a lawyer who may help you in drafting the deed.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
If you want to get the property transferred in your name, then you will have to ask your husband to sign a quit claim deed. This will make you the owner of the property but won't release your husband from the mortgage. While selling off the property, however, you won't require his signatures. You can contact a lawyer who may help you in drafting the deed.
Feel free to ask if you've further queries.
Sussane