Legal Question in Family Law in Arizona

You can quitclaim your interest to him, but that only takes you off the title (ownership) for the house, it does NOT take you off of the mortgage. In order to remove your name from the mortgage, he will have to refinance the loan or sell the house. It would be a good idea to make sure that your agreement states that he has to keep the payments current until the loan is refinanced or the house is sold in order to protect your credit. Regarding the paid off property, he can quitclaim ownership to you, and since there is no mortgage, there should be no further issues. I recommend you speak with an attorney to determine your best course of action regarding these and any other issues in your divorce.

** This response is provided as general information only and does not constitute legal advice or otherwise establish an attorney-client relationship. **

Yes, you can Quitclaim. However, he will need to refinance or sel the home to get your name off of the note.

We can certainly help you consider and then pursue your options for divorce or legal separation. This is obviously a very important matter, and you should not go in alone.

One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.

Please call us directly to discuss the specifics of your matter, or contact my assistant Gina or my paralegal Jennifer to schedule your free 1/2 hour consultation.

/s/ Rich J. Peters

R.J. Peters & Assoc., P.C.

1422 North 2nd Street, Suite 100

Phoenix, Arizona 85004

602-254-7251

facsimile 602-254-1229

see our website at www.familylawaz.com