Divorce & mortgage


Dear kc1976:

Greetings. Your husband will need to refinance and then you will need to sign a quit claim deed. Do not sign the deed until the date he is refinancing. I would also advise that you amend the separation agreement to include what will happen to the house.

If you file for divorce without dealing with the house, you will lose the right to equitable distribution. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax


The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


My husband & I are ready to file for divorce. We’ve been separated over 2 years. We have a separation agreement that includes everything but the house & we want to include the house. He’s planning on buying me out, but we don’t know what to do to get my name off the mortgage. Our separation has been amicable & I don’t see anything about that changing. (There are no children involved.)