Rights with a Quit Claim Deed?


#1

My husband and I separated a little over 2 years ago in Union County, NC. At that time, I signed a quit claim deed to him for my interest in the house and he recorded it. Now we are in the process of filing papers to make the divorce final. Do I have a right to ask/force him to refinance the home to take my name off of the mortgage since I signed the quit claim?


#2

You should ask that he refinance. If not, you are responsible for the debt but have no interest in the property which is usually the collateral for the debt. You should either have an agreement in place or a claim for equitable distribution pending at the time the divorce is granted. If you do not, you lose your right to a claim of equitable distribution and the property and debt will be distributed as titled.