Quit Claim Deed and Mortgage Refinance

North Carolina Divorce Law Divorce and Separation Answers
1

Hello,

I am separated from my STBX with a signed off separation agreement which gives her the house and requires her to refinance the house in her name. It requires me to sign a quit claim deed once she refinances it. Now I am in the process of buying my own house and I just found out from my lender that I need to sign a quit claim deed on her house before they can close on my house.

This sounds ludacris to sign off the rights in the house while my name is on the Mortgage (even though a judge signed order says that she is required to refinance the house and that she is the sole person responsible for any expenses, mortgages related to the house). Am I about to commit a grave error?

Regards,
LostDad12

2

I would not recommend signing off on a quit claim deed until you are off of the mortgage. You would be losing out on any potential equity and still be liable on the note. I would recommend waiting for the re-finance to come through before signing off on the deed, pursuant to your Separation Agreement.