We went through a version of this. Quit claim does not absolve him (or you) of financial responsibility to this property. What I mean is that if he signs a quit claim and you are paying the mortgage and lose your job and are late paying it will show up on his credit report as well (or vice versa). Most of what I have read indicates that it is better to refinance and get the property in one name than to continue to have these financial ties to each other. Or else sell the property.
Yes you can use the same attorney if the attorney will agree to it. Me and my ex did that and split the cost of the fee, etc. We also did the quit claim on the land and house, etc…I don’t think he had to refinance, but he did anyway because the rates were lower then, but that has been about 5 yrs ago now.
Fed up with ex in NC!!!
Greetings. A quit claim deed transfers property between one party to another. I would not advise anyone to sign a quit claim deed if their name is still on the mortgage though. So, you may need to refinance the home in your sole name before he signs a deed. Or, you can place language in the agreement that allows you both to stay on the mortgage unless you make a late payment, etc. No, you cannot both be represented by the same attorney, but one of you can hire an attorney and agree to have that attorney draft everything. Thank you.
Janet L. Fritts
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 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 and I are contemplating separation. I believe he will let me keep the house. I have heard others mention a quit claim deed. How does this work? Also, the house is currently financed in both of our names at a low interest rate, so I can afford it on my own. I don’t want marital support or alimony. Will I be required to finance the house soley in my name? I am concerned about getting a higher interest rate. Or will the mortgage company allow the removal of his name from the financing and deed? I want to resolve our issues as amicably as possible. If we do a separation agreement on friendly terms, can we use the same attorney to save money if we agree on everything?