Legal Question in Family Law in Arizona
quit claim deed and divorce
I'm getting a divorce, my husband is keeping the house and will buy out my share of the equity. Can I sign a quit claim deed to take my name off the house and mortgage?
2 Answers from Attorneys
Re: quit claim deed and divorce
When you sign a quitclaim deed, it will take your name off of the title to the house, but it will NOT take your name off the mortgage. In order to do so, your husband must contact the mortgage company to figure out what refinance options are available to him to secure the loan in his name and remove yours.
Re: quit claim deed and divorce
You can, but you should be careful about "waiving your interest" (which is the effect of the quitclaim Deed) without having a full and final written agreement as to what equity you are receiving and when you'll receive it.
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/s/ Rich J. Peters, Attorney
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1422 N. 2nd Street, Suite 100
Phoenix, Arizona 85004
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