Isn't Quit Claim Enough?


#1

My husband & I filed a separation agreement 3/2008 and fully executed (all property divided, ect.). My husband took possession of the house & bought me out. We filed a quit claim to remove my name from the deed. A few months later we attempt to reconcile (lasted a few days). My husband had put me back on the deed as a surprize but we had to file another quit claim a few days later to remove me once again. My husband is now selling his (once our) home. He’s going to settlement in a few days and has now been told there is an issue because of our “reconciliation”. Apparently I still have some say over the disposition of the house that I will have to relinquish. Whether or not our separation agreement was null & void due to the mentioned action, I still signed a quit claim and he should be free to do with the home as he choose (I would think). We really don’t care about when/if to get a divorce…there’s still always hope so we don’t care about the impact on the separation agreement. What we care about is what now needs to be done for him to sell HIS house.


#2

Your separation agreement should have paragraphs dictating what would happen in the event of a reconciliation.

Regarding the quitclaim, even though you have a separation agreement, most lenders will either require a recorded Free Trader Agreement or for you to sign off on the property because you are both technically still married. You should ask the mortgage lender whether your signing off on the final sales contract would suffice to sell the home.

Good luck!