Legal Question in Real Estate Law in Florida

Quickclaim deed and banks

I want to do a quick claim deed to give my husband our current home. Will the bank remove me as the debtor on the loans as well? Does he have to qualify on the loans(mtg and equity) by himself? This is due a divorce,


Asked on 12/14/08, 8:59 pm

1 Answer from Attorneys
William Gwaltney William W. Gwaltney, Attorneys at Law

Re: Quickclaim deed and banks

A Quit Claim Deed does not remove you from the Mortgage or the Note. The bank will likely want your husband to qualify and redo the loan.

Unless you are ordered to do so by the court, I would not suggest that you sign over the property until he has arranged the mortgage to be in his name only.

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Answered on 12/14/08, 9:12 pm


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