Posted on: 23rd Apr, 2010 08:04 am
my husband and i are currently separated with no chance of reconciliation. i would like to refinance the house and mortgage in my name only due to his lack of employment and poor credit worthiness. if he signed a quit claim would that make me the sole owner of the deed and the mortgage?
If your husband quit claims his interest in the home to you, that gives you sole ownership. In order for the mortgage to be yours alone, you would need to do the refinance transaction. Unless you do so, he would remain obligated under the mortgage note. A quit-claim from him to you ought to be coordinated in such a way that you take possession at the same time as you close on a refinance. That will protect him and accomplish what you desire at the same time.