Legal Question in Family Law in Maryland

My husband and I are divorcing and he would like me to sign a quick claim deed to our house (he is residing in the home and aggrees to take full responsiblity for maint, ins etc.). I would be on the mortagage so I don't know if this is a good idea. I think holding the property as Joint Tenants with right of survivorship. What do you suggest? Do you think a judge would force us to sell.

Thank you for your help


Asked on 2/07/10, 10:57 pm

1 Answer from Attorneys

Bill Wood Law Office of William C. Wood, LLC

If there is a dispute regarding what to do with the house at the final divorce hearing, a judge may order that the house be sold. Whether you should sign a Quit Claim Deed depends on a number of factors. The bottom line question is how that would benefit you.

If there is little or no equity in the home and he would be required to refinance within a certain period of time, it might make sense. If the plan is for you to remain on the mortgage, you would be retaining financial responsibility without any potential benefit in future appreciation. In addition, if he defaults on the mortgage, you may be held responsible.

A better plan may be for you to remain on the deed and give him a period of time to refinance, at which time you would sign a quit claim. Otherwise, the house would be sold.

I would recommend consulting with an experienced divorce attorney to fully review your circumstances and discuss all of your options. The attorney would need to review your income, assets, expenses, and debts, as well as whether you have children to fully understand the situation and advise you of your rights and options. Without additional details regarding your complete financial picture, it is difficult to go beyond generalities.

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Answered on 2/13/10, 4:27 am


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