Legal Seperation and QuitClaim Deed


#1

You need to refinance to take her name off the mortage. I had this happen to me, my ex convinced me that by signing a quick claim deed it would erase all ownership to the house, he told me that if he defaulted at any time, he claimed the bank could not come after me for payment. And silly me, I believed him, Fact is, by signing the quick claim deed, all I did was lose all rights to any equity if he should sell it. BUT, by having my name still on the mortgage, if he defaulted and couldn’t pay, they could still come after me for the money. Luckily he paid each month on time, but it took him 3 years to finally refinance, and the mortage showed up on all my credit reports, because of this, when I tried to transfer my credit card to one with a lower interest rate, or tried to get a loan, the bank considered me a risk because I appeared over extended, and wouldn’t do it. I got totally screwed in the long run. Please don’t do this to your ex.


#2

Thanks for your response, luckily we are doing things correctly, I already have my refinance application in and hopefully will be approved, I’ll get it taken care of thanks for your response helps me understand the situation a little better, take care…


#3

Dear BrianM:

Greetings. If you have signed the separation agreement, and it is silent on your refinancing, then you don’t have to. Sometimes, when one party has great credit, we don’t mandate the refinancing ina separation agreement to help build the other party’s credit.

Now, if your wife wants you to refinance and remove her name, and it is in the separation agreement, then you will have to. This allows her to buy a home in the future without being on your mortgage.

neverending is correct on all issues raised (except it is a “quit claim deed” and not a “quick” one). Thanks

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

ROSENDIVORCE.COM

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.


#4

Hello, My wife and I are about to sign our seperation papers. I have been told that in NC I have to refinance my house in just my name in order to have her name taken off. Can she sign a quitclaim deed for the house, so that she is not legally obligated to pay the mortgage or is there more to it then that. In our seperation papers she is giving me the house, so it is all legal, I just don’t know if I have to refinance my house or just have her sign the quitclaim deed?