Legal Question in Family Law in New Mexico
I am getting a divorce ( which has not been started yet). My husband and I own a home together. The mortgage is in his name and not mine. I want to deed my part of the house over to him before I get the divorce. Is there any problem with this? We live in a community property state.
Asked on 2/25/11, 6:32 pm
1 Answer from Attorneys
Charles Aspinwall
Charles S. Aspinwall, J.D., LLC
No, there is no problem with what you suggest. It is in your best interests to make your own property settlement rather than have a court do it, and this would be a part of that. Generally a Quitclaim deed is used to accomplish what you suggest.
Answered on 2/27/11, 11:52 am