Quit claim deed?


#1

my husband and i are separating to be divorced, he wants to quit claim our house, i cannot stay in it ,due to unemployment and need to move to live with my children. i do not want to accept this quit claim, i do not want the responsility of the mortgage and utilities since i cannot pay them. can i refuse the quit claim ? and how do i do it. can he do it without my knowledge? if he does that and our house goes into short sale,and sells for less than we owe, then I would owe tax ON that money. . foreclosure would ruin my excellent credit. if i were to rent it,i have no money to fix anything if needed. so selling is a necessity. it would be for sale while no mortgage payments are being made,a bad mark on your credit and who pays the utilities?! he said he’s paying nothing.Help, what do you recommend? thank you


#2

Not an answer to your specific question but:

Quit claim is to the deed only, not the mortgage/loan. In order for him to be off the loan YOU must refinance to remove him.


#3

You should not do anything of the sort without consulting with an attorney first. A home is too important of an investment to sign rights away to without having an attorney advise you after analzying all of the pertinent facts. The prior poster is correct, a quit claim will only remove you from the deed, not the mortgage. You would still be on the hook should the house go into foreclosure. He cannot force you to quit claim, you would have to agree to do it. Please consult with an attorney before signing anything but in general I wouldn’t advise anyone to sign away their rights to a house without the other party re-financing the property first, thereby removing you from the mortgage. You certainly wouldn’t want to be off of the deed, but still on the mortgage.