Legal Question in Real Estate Law in Maryland

My wife and I are divorced. We own a home together. I would like to move back into the home with my new wife. My ex lives in another state. She doesnt mind us going back into the house but she won't sign a quit claims deed until we refinance and get her name of mortgage at same time. Can we get a notarized letter drawn up to release her of ownership to the house until we refinance? Will the notarized letter out weigh the deed in court?

Asked on 11/13/13, 11:58 am

2 Answers from Attorneys

Cedulie Laumann Arden Law Firm, LLC

0 users found helpful

0 attorneys agreed

To answer your question, no. A letter will not "release ownership" though in some cases it might transfer equitable rights. Ownership to real property is transferred by deed. As an aside, a quit claim deed is not the recommended way to transfer. If at all possible a warranty deed is preferred.

As you can imagine, few owners want to relinquish rights to property before their obligations are removed. This is a relatively simple problem. One can have an agreement outlining the conditions for recording the deed and place the deed in escrow (held by an attorney, releasing it at settlement or when the existing loan is paid off).

You are encouraged to seek legal counsel who can help you prepare the necessary paperwork.

Answered on 11/13/13, 12:32 pm

Mark as helpful