Posted on: 10th Mar, 2009 02:32 pm
my spouse and i are currently going through a separation and working on the separation agreement. in the meantime, she has stated she wants no part of the house and wants her name off the title and mortgage. i looked around, found a mortgage company to do a refinance to just get my name on the title and mortgage, but they require a quitclaim deed signed by both of us. my spouse won't sign as she says it must be done after the separation is completed. can the quitclaim deed be signed and filed prior to completion of the separation agreement. the lawyers for the title company are the ones who drew up the deed.
A little clarification to my question above, reading the various other questions and replies, it seems a QuitClaim deed can be signed and filed at at time and can be separate from a separation agreement, is that a correct statement?
Hi Jim,
A quitclaim deed can be signed prior to completion of the separation agreement. Since you have got a mortgage company who is willing to refinance it in your name only, I don't see any reason why your wife doesn't want to sign the deed. Given the situation the market is in, it might prove to be difficult to refinance it later.
A quitclaim deed can be signed prior to completion of the separation agreement. Since you have got a mortgage company who is willing to refinance it in your name only, I don't see any reason why your wife doesn't want to sign the deed. Given the situation the market is in, it might prove to be difficult to refinance it later.