Quit Claim


#1

If my name is the only name on the mortgage, but my spouse is on the deed along with mine, would a quit claim benefit me in any way? Since my soon to be ex-spouse is refusing to pay their share of the mortgage, I’m trying to find some legal way to get the house out of my name so it does not destroy my credit.My spouse is refusing to sign anything to sell the house. Their expectation is to live there, rent free, until it goes into foreclosure in who knows how many years. I just saw the response about equitable distribution and from the other responses, that process appears to be pretty drawn out. Are there no other options?


#2

A quitclaim deed wouldn’t help you unless he signed it to give the property to you. Otherwise, you are still responsible for the mortgage.

Equitable distribution can be a long process, but you could file a motion for interim distribution. You would be asking the judge to award you the house so you could place it on the market before the property goes into foreclosure.