Deed of Trust


#1

I have not been able to find an answer to this question so I am hoping you can help!

I purchased my house on my own in January 2006, my husband and I married in April 2008. We refinanced in June 2008. We separated in May 2012 and I am planning on filing divorce as soon as we can work out property issues. His name is not on the deed to the property or on the mortgage. It is on the Deed of Trust. The mortgage company told me I need him to sign a quit claim deed to remove him. He is unwilling to sign as he thinks he is owed something. There is no equity in the house as it is currently appraised at $91K and the mortgage is at $87K. Once I refinance it will be back up to $91K.

My question is, is he owed something? Or can I put in the divorce papers that the house is 100% mine and let the judge explain it to him?

Thanks for your time!


#2

Since you were paying on the mortgage and you refinanced the property during the marriage, the house is likely not 100% separate property, even if the value is only a few thousand dollars. You should attempt to reach an agreement with him as to the division of assets, including that he should sign a quit claim deed to the property. In the event that he doesn’t and the divorce is finalized, property is divided as titled, so the property would be entirely yours.