You are already on the deed. You are an owner. You can refinance wirhout a quitcliam deed. At closing your ex needs to sign a couple documents acknowledging he knows about the refinance and it is ok.
If your husband quitclaim deeds the property to your name alone, his mortgage is due in full immediately if the lender finds out. That is not a good idea in case you do not get a mortgage. I am guessing you do not have to buy him out or give him any money. If you owe him money, his quitclaim deed would put himself in jeapardy of not getting what is due him.
If someone has a mortgage, there is no scenario that I can think of that any lawyer would tell anyone to quitclaim deed their name off the property as long as they have a mortgage on that proeprty.. The mortgage they have says they may not do that. Besides that, in your situation, it is not necessary.
If your husband quitclaim deeds the property to your name alone, his mortgage is due in full immediately if the lender finds out. That is not a good idea in case you do not get a mortgage. I am guessing you do not have to buy him out or give him any money. If you owe him money, his quitclaim deed would put himself in jeapardy of not getting what is due him.
If someone has a mortgage, there is no scenario that I can think of that any lawyer would tell anyone to quitclaim deed their name off the property as long as they have a mortgage on that proeprty.. The mortgage they have says they may not do that. Besides that, in your situation, it is not necessary.
