Posted on: 23rd Feb, 2009 06:42 am
I have recently gotten divorced and am currently living in the marital home (but am preparing to move). My name and my former husband's name are on the title and deed, but only his name is on the mortgage. The house will be listed as a short sale per the terms of the divorce agreement (and could possibly go into foreclosure if it does not sell). Can I sign a quitclaim deed and put the house only in his name while he is going through the shortsale process? Can I do this independent of him or is his signature required?
I failed to mention I am in the state of Florida and my divorce agreement allows me to stay in the house until June. If I sign a quitclaim deed will the terms of my divorce agreement remain intact?
Hi jsimortgage,
Since you say only his name appears on the mortgage, I think you can easily quitclaim the title to him and the lender also will have no objection to that. Some states do require the grantee to sign on the deed. Thus, his signature might be required.
When you quitclaim you actually give up your share of interest in the property and the grantee becomes the legal owner of the property with immediate effect. Thus I don't think after signing the quitclaim the terms of the divorce agreement would remain intact.
Since you say only his name appears on the mortgage, I think you can easily quitclaim the title to him and the lender also will have no objection to that. Some states do require the grantee to sign on the deed. Thus, his signature might be required.
When you quitclaim you actually give up your share of interest in the property and the grantee becomes the legal owner of the property with immediate effect. Thus I don't think after signing the quitclaim the terms of the divorce agreement would remain intact.