Quit claim to deed on home


#1

We’ve been physically separated for 6 months and are still working out the terms of our agreement so we don’t have anything legal in place as of yet. I am living in the marial home where we are both on the deed but the mortgage is in my name only. The home is not selling. I do not want to buy him out because I cannot afford to pay the mortgage long term, and a smaller rental property is in my best interests personally as well as financially at this time. 2 questions:

1 - could he force me to use my 401k to buy him out through a QDRO if I have enough in my 401k? Would a judge make me do this? Would I have to prove that I couldn’t afford to pay the mortgage and if so, what kind of proof would I need? (I looked into refinancing the mortgage to a lower rate, however because the current loan is interest only and the home is worth less now than we refinanced previously, my payments would actually increase if I did so.)

2 - could our agreement contain a quit-claim to the deed for him, but state that when it does sell he is entitled to half? He wants to wait and sell the home in the spring but I do not want to share property with him especially once we are legally divorced. I have no problem sharing the proceeds, I just want him off the deed if I end up having to stay there longer than expected.

Thanks!


#2

No, if you do not wish to keep the house you do not have to agree to do so. If neither of you can afford the home the most logical solution is to sell. The court will not force you to liquidate your retirement to equalize the martial estate.

You and your spouse may agree to whatever arrangement you chose.