My wife and I still own a house together and the market is terrible, as I bet to many of us know. coming up on the 12 month time when we can file, and had the home up for sale but can’t get a buyer for the dang thing.
Can she quitclaim the house to me after we’re divorced? We have a 2nd mortgage that would have to be paid off before we could refi, and I don’t remotely have the money to do that anytime soon (but might in about a year or so). both names are on the mortgage right now, and don’t want to wait to file for divorce to make sure neither of us get screwed on 2011 taxes becasue of ‘filing separately’ status. she’s said before she’d be willing to sign the house over to me, so I guess I want to make sure it’s worth the pain of trying to save up to pay the thing off and refi the 1st mortgage in my own name.
Yes, she can do it after divorce. You still own the home jointly, as tenants in common, and both parties’ signature is necessary to list and sell the home. If the ex does not agree, you will have to file an action under Real Property law to partition the home, normally the court will order the property sold.